Posted on 03/09/2006 12:39:56 PM PST by SmithL
SAN FRANCISCO -- The state Supreme Court, in a victory for gay-rights advocates, ruled unanimously today that Berkeley could withdraw a rent subsidy to a Boy Scouts affiliate at the city marina because of the scouts' no-gays-allowed policy.
Although the U.S. Supreme Court ruled in 2000 that the Boy Scouts had a constitutional right to exclude gays, Berkeley is not required to provide funding to an organization that violates the city's antidiscrimination policy, the state justices said.
Cities can require recipients of public money to "provide written, unambiguous assurances of compliances with a generally applicable nondiscrimination policy,'' Justice Kathryn Mickle Werdegar said in her opinion for the court.
The case involved the Sea Scouts, a nonprofit organization that teaches sailing and maritime skills to teenagers. The Boy Scouts affiliate used space at the Berkeley Marina without charge from the 1930s until 1998, when the City Council eliminated rent subsidies at the marina for nonprofits that discriminated on the basis of sexual orientation, religion or various other categories.
When the organization, after consultation with the Boy Scouts, refused to promise that it would admit gays as members or leaders, the city began charging $500 a month in rent.
The Sea Scouts and individual members sued in 1999, saying the fee was an unconstitutional punishment for free speech and association. Lower courts ruled in the city's favor.
(Excerpt) Read more at sfgate.com ...
I ain't surprised. The land of granola bars strike again.
Turnabout is fair play. SCOTUS said that schools taking federal money had to allow military recruiters on campus, and we should expect no less cooperation from anyone else who benefits from a subsidy or freebie.
Still doesn't speak well for the landlord, but it's his gameboard.
Maybe I'm wrong, but isn't this the same (basically) as the USSC just upholding the Solomon Amendment? I think the Scouts can do as they wish, but they don't have any right to public money, and they don't have to take it. The USSC told the law schools that they can personally hold whatever position they wish, but if you take the gov't money, you follow our rules.
Read the Decision (pdf).
I completely agree. The populus needs to replace the local politicians, or suffer under them (not literally, I hope).
Next up: a bitch slap from SCOTUS.
Fully agree.
The Scouts should be able to get a fat sum from San Diego, put that in an endowment at interest, and pay the "fair market" rate for their dockage in perpetuity. The City wants to play hardball, and damage the Scouts for exercising their First Amendment rights per the US Supreme Court. Okay, the Scouts should play hardball and take the City for every dime they can.
Turn about is fair play.
Congressman Billybob
The Boy Scouts will have folks willing to pay that rent wrapped around the block so long as it helps keep the fudge-packers away from the little boys.
Here we go again. I guess gays have nothing better to do than to go after the Boy Scouts.
When does it become harassment???
Not that this is pertinent to this subject, but looking at govt money in this way... wouldn't that make vouchers for choice in schooling dangerous for religious organizations to take? It seems they would then have to comply with govt rules in how they run their schools.
One reason why I think tax credits for school choice is better than vouchers.
It's all part of their "lifestyle" when you get right down to it.
Whether I agree with the beliefs of x or not, I think the Gov't can say, "X can believe and act as it wishes, but if x chooses to accept public money, x will accept conditions." That's exactly what the USSC just said, and it's why so many support private schools. I think it should be enforced equally, whether it's for Yale or the BSA.
I read the decision....
The California Supreme Court fails to address SEC. 8173. SUPPORT FOR YOUTH ORGANIZATIONS- (a) Short Title- This Act may be cited as the `Support Our Scouts Act of 2005'. An Act of Cogress.
I wonder why?
RD
An Act of 'CONGRESS' (Sorry)
The scouts built a seawall that cost them $150,000 and gave it to San Diego?
Gay men having access to boys is a very high priority for them.
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