Lawsuit Seeks Release of Pentagon’s Secret Scouting America Deal

A gay rights activist who once took the Boy Scouts to the Supreme Court has filed a federal lawsuit against the Department of Defense, demanding the release of a confidential agreement between the Pentagon and Scouting America that could reveal whether the organization agreed to ban transgender members in exchange for continued military support.

James Dale filed the complaint on June 25 in New York City federal court after the Pentagon failed to respond to a Freedom of Information Act (FOIA) request filed in late March. The lawsuit alleges that Defense Secretary Pete Hegseth and Scouting America have given directly conflicting public accounts of what the February 2026 memorandum of understanding (MOU) actually requires, and that the public has a right to see the document before a critical August deadline.

The Central Contradiction

At the heart of the dispute is a fundamental disagreement between the Pentagon and Scouting America about what was agreed upon. According to AP News, Defense Secretary Pete Hegseth announced in February that the deal would require Scouting America members to register using their “biological sex at birth and not gender identity,” with only male and female options on applications. Hegseth also said youths of opposite sexes assigned at birth could not share bathrooms, tents, or similar spaces.

But Scouting America President and CEO Roger Krone publicly contradicted that account, stating flatly: “We have transgender people in our program and we’ll have transgender people in our program going forward.” Krone maintained that the agreement did not change existing policies regarding transgender youth.

Both accounts cannot be true. The MOU would resolve the contradiction, but the Pentagon has refused to release it.

A FOIA Request Ignored

Dale submitted a FOIA request for the MOU in late March 2026. According to the complaint, the Pentagon “invoked no exemption, produced no record, and missed every deadline” — a significant procedural failure under federal transparency law. FOIA generally presumes government records should be public unless a specific exemption applies, such as national security or internal deliberations. The Pentagon has not claimed any exemption, raising questions about why the document is being withheld.

The lawsuit asks a federal judge to order the Pentagon to release the full text of the MOU before Hegseth’s six-month review deadline in late August 2026, when the Pentagon is scheduled to evaluate whether Scouting America has complied with the terms of the agreement.

A Landmark Legal History Comes Full Circle

James Dale is no stranger to high-stakes litigation involving Scouting America. As AP News reported, Dale was expelled from the Boy Scouts in 1990 after coming out as gay. He sued the organization, and the case ultimately reached the U.S. Supreme Court. In Boy Scouts of America v. Dale (2000), the Court ruled that the Boy Scouts, as a private organization, had a First Amendment right of expressive association to exclude gay members.

Now, more than a quarter-century later, Dale is back in court — this time arguing that the federal government may have achieved through contract what the Supreme Court once held it could not command by law. His complaint states: “Here, if the Department’s account is true, the federal government has now obtained by contract what the Court once held it could not command by law. And if it is not, then the Department has misled the public about what Scouting America has agreed to do.”

Scouting America’s Evolution

The organization formerly known as the Boy Scouts of America has undergone dramatic changes over the past decade. It ended its ban on gay youth members in 2013, lifted the prohibition on gay adult leaders in 2015, began accepting transgender children in 2017, admitted girls into Cub Scouts in 2018 and Scouts BSA in 2019, and rebranded as Scouting America in 2024. These shifts reflected broader cultural changes but also triggered backlash from conservative critics.

Membership has declined sharply, dropping to approximately 900,000 youths from over 1 million a year ago, according to AP News. The organization also faced tens of thousands of sexual abuse claims, leading to bankruptcy and a $2.4 billion settlement fund approved in 2023.

The Pentagon’s Anti-DEI Campaign

The dispute with Scouting America is part of a broader effort by Hegseth to purge diversity, equity, and inclusion (DEI) initiatives from the military and its partner organizations. Hegseth has ended military training programs at Harvard and other Ivy League schools he deemed “woke,” claimed that the Stars and Stripes newspaper would no longer include “woke distractions,” and pursued policies to remove transgender service members from the military.

The military has had logistical ties with Scouting America since 1937, providing support for the National Boy Scout Jamboree. Many Eagle Scouts go on to enlist, and the relationship has long been considered mutually beneficial.

Legal and Political Stakes

Dale’s lawsuit raises a novel legal question: Can the federal government use funding and partnership agreements to influence the internal policies of private organizations in ways that courts have said it cannot achieve through direct legislation? If Hegseth’s account is accurate, the Pentagon has effectively compelled a private youth organization to adopt membership restrictions that align with the administration’s anti-transgender agenda.

Legal analysts say the case will likely hinge on FOIA’s presumption of public access to government records. The Pentagon has not invoked any of FOIA’s nine exemptions, which include protections for national security, internal agency deliberations, and personal privacy. Without a claimed exemption, the government’s refusal to release the document appears difficult to defend.

What’s Next

The court must now decide whether to order the Pentagon to release the MOU. The timeline is critical: Hegseth’s six-month review deadline falls in late August, and Dale’s complaint urges the court to act before that date so the public can know the terms of the agreement while they can still influence outcomes.

The Pentagon has declined to comment on the lawsuit, referring inquiries to Hegseth’s February video statement. Scouting America has not responded to requests for comment.

Whatever the ruling, the case adds a fresh legal battle to an already charged national debate over transgender inclusion, youth organizations, and the limits of government influence over private institutions. The answer to a simple question — what does the MOU actually say? — could have far-reaching implications for transgender youth, military partnerships, and the relationship between federal power and private organizational autonomy.