In another case of faith-based groups versus non-discrimination laws, the U.S. Supreme Court on Monday refused to hear an appeal from the Boy Scouts of America.
The court’s refusal was not unusual; the high court rarely takes a case during a procedural phase and that’s where this case, Boy Scouts of America v. Barnes-Wallace, was.
The case is a battle between the San Diego chapter of the Boy Scouts and a lesbian couple, Lori and Lynn Barnes-Wallace, and an agnostic couple, Michael and Valerie Breen.
The two couples filed the lawsuit, challenging San Diego’s use of taxpayer dollars to support the Boy Scout chapter by allowing it to lease most of an 18-acre city property for one-dollar per year. The lease included a clause saying the Boy Scouts would provide access to the park by the public and, in so doing, abide by the city’s non-discrimination policy, which prohibits discrimination based on sexual orientation and religion.
The couples, represented by the ACLU, argue that the essentially free use of Balboa Park amounts to a subsidy of a religious organization and one that violates the city’s non-discrimination law.
The lawsuit has spanned ten years of litigation, involving a host of legal disputes. The city of San Diego initially opposed the lawsuit then agreed to a settlement. At one point, the 9th Circuit U.S. Court of Appeals tossed the case to the California Supreme Court for resolution of several matters.
By refusing to hear the case, the Supreme Court’s action simply leaves intact a 9th Circuit ruling that the two couples have standing to sue. The 9th Circuit had ruled that the two couples have standing because “they suffered injury-in-fact” because they avoided using Balboa Park due to the Boy Scouts “publicly expressed disapproval of lesbians, atheists, and agnostics.”
According to an ACLU press release, the case now returns to the 9th Circuit, which can either rule on the merits of the case or toss it back to the California Supreme Court again.
So far, the only ruling on the merits of the litigation came from a federal district court judge who said the city’s one-dollar lease to the Boy Scouts violates the state’s ban on support for religions.
The lawsuit was filed in August 2000, just months after the U.S. Supreme Court ruled, in Boy Scouts v. Dale, that the Boy Scouts is a private organization with a First Amendment right to exclude gay people even though New Jersey law prohibit discrimination based on sexual orientation.
Copyright ©2010 Keen News Service. ALL RIGHTS RESERVED.
Am I the only one who realizes the gay/lesbian/agnostic/atheist crowd is waging a secret war on BSA? These people are playing a “Tit for Tat” game by trying to deny boys use of camping locations. This stems from the Supreme Court’s decision that BSA does not have to admit gays, agnostics or atheists into their program. A sad fact is, a lot of people have jumped on the bandwagon for this issue without thinking it through. Support for these groups in their efforts to ban Scouts from certain camping locations is hurting the boys. BSA, for 100 years, has played a key role in developing leaders in the world. To the best of my knowledge, no gay/lesbian/agnostic/atheist group can claim the same! BSA is today, contributing to the greater good of America and the world!
RE: “BSA, for 100 years, has played a key role in developing leaders in the world.”
As long as the scouts retain their bans against LGBT and other faiths, they will more likely create “leaders in the world’ who continue the biases and prejudices of the preceding generations.
The scouts’ ban, while acceptable within the group itself (per previous legislation), is contrary to city law and thus should be called out if they continue to receive taxpayer subsidies (such as the cheap use of a public park.)
REL “To the best of my knowledge, no gay/lesbian/agnostic/atheist group can claim the same!”
For thousands of years, members of these groups have been forced to keep quiet and not congregate. Nevertheless, I put to you that there have been many gay/lesbian/agnostic/atheist persons who have influenced great thinkers and scientists and LEADERS today.
Wow! What has this country come to? How many soldiers in how many wars have died to give us, U.S. citizens, the right to start a club (BSA or Gay) with the freedom to pick who gets to join? Those not picked for the BSA team are running off to the principal and complaining. This is the USA. Freedom is worthless if the courts get to tell BSA who to pick for the team. If you’re not picked, start your own team.
RE: “How many soldiers in how many wars have died to give us, U.S. citizens, the right to start a club (BSA or Gay) with the freedom to pick who gets to join?”
Yeah, you are right, men have given their lives for freedom. But I’m sure you haven’t stopped for a moment to wonder how many of those who have died WERE GAY? So I guess that it’s perfectly acceptable to you for gay men to die for you, but it’s unacceptable for them to joint the BSA. WOW!
ITS IS A FACT, that men of all races, social backgrounds, AND all sexual orientations have died defending this country, its laws and its people.
Putting yourself at harms way and getting wounded or killed for the benefit of others is a very noble and selfishness act [and] are qualities of a true leader.