By: Paul Goldberg – Senior Correspondent | Breaking Military News

WASHINGTON, D.C. — (June 28, 2026) — A federal lawsuit is seeking to determine whether the U.S. Department of Defense and Scouting America reached an agreement that altered the organization’s transgender membership policy as part of a partnership announced earlier this year.




The complaint, filed Thursday in federal court in New York City by gay rights activist James Dale, alleges that public statements from Pentagon officials and Scouting America present conflicting accounts regarding the terms of their February agreement. The lawsuit also argues that the Department of Defense has failed to release the memorandum despite a Freedom of Information Act (FOIA) request.

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FOIA Lawsuit Seeks Release of Pentagon Agreement

According to the complaint, Dale submitted a FOIA request in late March seeking a copy of the memorandum of understanding between the Pentagon and Scouting America.

The lawsuit contends that the Defense Department has neither produced the requested records nor identified any legal exemption allowing it to withhold them. Dale argues that the public has a right to review the agreement before an August deadline tied to the Pentagon’s review of the partnership.

In the filing, Dale states that conflicting public statements surrounding the agreement raise significant questions about government transparency and public accountability.




Conflicting Statements Fuel Public Questions

Defense Secretary Pete Hegseth announced the partnership in February, describing it as an effort to move Scouting America away from diversity initiatives that he has publicly criticized. At the time, Hegseth indicated that continued military support for the organization would depend on compliance with the agreement over a six-month review period.

During those remarks, Hegseth said the organization would require members to participate according to their biological sex at birth rather than gender identity.




However, Scouting America publicly disputed that interpretation.

Scouting America President and CEO Roger Krone stated earlier this year that the organization’s existing policies regarding transgender youth had not changed and that transgender participants would continue to be welcomed within its programs.

The differing explanations have become the central issue in Dale’s lawsuit, which argues that both descriptions cannot accurately reflect the same agreement.




Longstanding Military Relationship Under Review

The Department of Defense has maintained a decades-long relationship with Scouting America, providing logistical assistance for national scouting events and supporting activities conducted on or near military installations.

The organization’s Eagle Scout program has also maintained close historical ties with military service, with many Eagle Scouts later choosing careers in the armed forces.

Hegseth has previously stated that the Pentagon would conduct a comprehensive review of Scouting America’s policy changes before determining whether military support would continue beyond the current review period.

Pentagon Declines Comment During Ongoing Litigation

When asked about the lawsuit, Pentagon officials declined to comment, citing ongoing litigation. Instead, the department referred reporters to Hegseth’s February public announcement outlining the administration’s position regarding the partnership.

Scouting America did not immediately respond to requests for comment regarding the federal complaint.

In addition to seeking the release of the memorandum, Dale’s lawsuit also raises broader legal questions about the extent to which the federal government may influence membership policies at private nonprofit organizations through partnership agreements.

As the case moves forward, the outcome could provide greater clarity regarding both the contents of the Pentagon’s agreement with Scouting America and the government’s obligations under the Freedom of Information Act.

For continuing coverage of U.S. military policy, federal transparency, LGBTQ policy developments, and national security news, follow Breaking Military News exclusively on JRL CHARTS.




Paul Goldberg
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