I would find it very hard to predict the outcome. I know it's going to be a close issue. And that uncertainty can't be sitting well with the leadership of the Scouts.

146

Here, there is, curiously, no very close analogy. We know that having 'under God' on our currency, for example, has never been thought to violate the Establishment Clause. On the other hand, the requirement that someone salute the flag and recite the pledge, that's a different question - unsettled, but at least it clearly raises a different set of issues.

122

The critical question in this case seems to be whether the 'duty to God' in the Boy Scout oath makes the Scouts a religious organization.

96