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 ...
This will end up with SCOTUS I think.
You expected more from the CA Supreme Court. Surely you jest. They are the most liberal in all of the land.
Actually, they aren't. The California Supreme Court is one of the most conservative State courts.
You're probably thinking of the 9th Circuit Court of Appeals, also based in San Francisco, which is probably the most liberal (and most overturned) of the Federal courts.
Yep, your are right, I was thinkin of the 9th Court.
California SCOTUS is a fairly conservative court.
And the decision was unanimous. Apparently subsidies does not equal free speech.
The City of San Diego must be required to repay the Scouts the full value of all improvements made to the property. The city accepted all the labor and materials to maintain the site for years. The city can't have it both ways. The Scouts made the investment in good faith and the city has taken it away without just compensation.
Is California still part of the USA?
Just wonderin'.
>>>The city did nothing wrong here.<<<
Other than to violate an act of Congress, you may be right.
The attempted homosexualization of society is what it is. Something I oppose. Thats what!
The elected officials of Berkley can spend the taxpayers money as they see fit. They set policies for the town regarding the use of public lands, they did nothing illegal here.
Thanks for stating the obvious which by the way means nothing in regards to legitimate opposition to the homosexual agenda that Berkely promotes on the taxpayers dime.
Well, the courts, all levels including the Supreme Court disagree with you.
Again -the obvious -and again, no relevance...
The city did nothing wrong here.
You mean nothing illegal; however, promoting homosexual activity is very very wrong...
No one has so far.
Is that clear? They still grant a number of other organizations subsidies. Do none of them discriminate?
I wonder if the City of Berkeley will feel any moral obligation to make good on the $150,000 worth of goods (in 1930 dollars) that they received from the BSA in return for this deal in the first place.
Must be a bunch of turd burglars out there then.
The others discriminate in ways that Beserkeley approves.
I wonder if the City of Berkeley will feel any moral obligation to make good on the $150,000 worth of goods (in 1930 dollars) that they received from the BSA in return for this deal in the first place.
I've always wondered why the Scouts never included that in their arguments.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.