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Boy Scouts face setback in Supreme Court
Associated Press ^ | 10/17/06

Posted on 10/17/2006 7:11:14 AM PDT by presidio9

Six years after the Supreme Court ruled the Boy Scouts could ban gay leaders, the group is fighting and losing legal battles with state and local governments over its discriminatory policies.

The latest setback came Monday when the high court without comment refused to take a case out of Berkeley, Calif., in which a Scouts sailing group lost free use of a public marina because the Boy Scouts bar atheists and gays.

The action let stand a unanimous California Supreme Court ruling that the city of Berkeley may treat the Berkeley Sea Scouts differently from other nonprofit organizations because of the Scouts' membership policies.

Two years ago, the court similarly rejected a Boy Scouts appeal of a case from Connecticut, where officials dropped the group from a list of charities that receive donations from state employees through a payroll deduction plan.

And in Philadelphia, the city is threatening to evict a Boy Scout council from the group's publicly owned headquarters or make the group pay rent unless it changes its policy on gays.

On a separate matter, federal judges in two other court cases that are being appealed have ruled that government aid to the group is unconstitutional because the Boy Scouts of America requires members to swear an oath of duty to God.

Despite the string of legal setbacks, lawyers for the Scouts said they believe the Supreme Court ultimately will decide that governments are improperly denying benefits that they make available to similar organizations.

"The issue of governments seeking to punish organizations for exercising their First Amendment rights is a recurring one. There will be other opportunities for the Supreme Court to affirm First Amendment protections for organizations dealing with government agencies," George Davidson, the longtime attorney for the Scouts, said in a statement.

Duke University law professor Erwin Chemerinsky agreed that the justices probably have not had their last say on the Boy Scouts and may be waiting until lower courts disagree on the issue.

"This is about when governments can impose requirements for getting government benefits," Chemerinsky said.

In 2000, the court ruled that the Scouts have the right to ban openly homosexual scout leaders, a decision that rested on First Amendment rights.

"The Boy Scouts asserts that homosexual conduct is inconsistent with the values it seeks to instill," then-Chief Justice William H. Rehnquist wrote for the court in a 5-4 decision.

Even so, the California Supreme Court said in March that local governments are under no obligation to extend benefits to organizations that discriminate.

Berkeley, home of free speech protests since the 1960s, adopted a nondiscrimination policy on the use of its marina in 1997 and revoked the Sea Scouts' subsidy a year later.

The Sea Scouts are a branch of the Boy Scouts. They teach sailing, carpentry and plumbing. City officials had told the group that it could retain its berthing subsidy if it broke ties with the Boy Scouts or disavowed the policy against gays and atheists, but the Sea Scouts refused.

Eugene Evans, who leads the Sea Scouts, has been paying $500 a month to berth one boat at the Berkeley Marina. The group removed two other boats because it could not afford the rent. The group has about 40 members, down from as many as 100 before the subsidy was removed.

Berkeley had allowed the Scouts free use of the marina since the 1930s, according to Evans.

The Sea Scouts said they were singled out because Berkeley's elected officials disapprove of the Boy Scouts' membership policies.

The case is Evans v. City of Berkeley, 06-40.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: aclu; boyscouts; bsa; bsalist; homosexualagenda; lavendermafia; letthewookiewin; scotus
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To: presidio9

Disgusting, how people hate the Boy Scouts so.

Maybe they should turn their energies against the terrorists, rather than this fine group which chooses to preserve American values.

Oops, I guess that's the problem . . .


41 posted on 10/17/2006 7:57:35 AM PDT by cvq3842
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To: rzeznikj at stout; Nowhere Man; pcottraux; trussell; WFTR; Rca2000; Army Air Corps; proud_yank; ...

you might find this thread interesting


42 posted on 10/17/2006 7:57:53 AM PDT by DollyCali (Don't tell GOD how big your storm is -- Tell the storm how B-I-G your God is!)
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To: silverleaf
"I don't see why the court would stop at scouting- many churches do not allow perform or sanction gay marriage."

That's a different story. Churches don't do that because it's against their own teachings, and the government can't pass laws that force Churches to violate their beliefs.

"I guess they lose their tax exempt status next."

That may come to pass. But in a battle between retaining tax exempt status, and standing by their beliefs, Churches should be happy to pay taxes.

43 posted on 10/17/2006 7:59:14 AM PDT by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: FreedomPoster

Interesting.

So I (male) cannot be a girl scout leader?
Not that I want to, but it makes an excellent counterpoint. Do the girl scouts "discriminate"?

Would my 17 year old son be allowed to play on the High School girls volleyball team, since there isn't a boys volleyball team? Or does the school "discriminate"?

Would I be allowed to participate in a pro-choice rally with my strict (and vocal) pro-life opinions, or would I be arrested as a disruptor? Or do the infantciders "discriminate"?

Can I go to a mosque and praise Jesus? Or do the Muslims "discriminate"?


44 posted on 10/17/2006 8:00:10 AM PDT by kidd
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To: Alberta's Child
"Any person or group who relies on The State for their well-being and solvency has no reason to complain when The State starts making outrageous demands of them."


45 posted on 10/17/2006 8:00:43 AM PDT by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: CometBaby
That the Democrats led the assault on Scouting will be forever to their shame.

Does anyone remember which Democract national convention featured a flag presentation by Boy Scouts -- with some in the audience booing them? I'd love to see that used in campaign ads.
46 posted on 10/17/2006 8:00:50 AM PDT by TheCornerOffice
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To: Alberta's Child

Why can't a responsible adult within the Sea Scouts 'make a donation' buy taking on the slip lease himself -- ie. keep the Sea Scouts name off the paperwork. Could the marina then keep the Scouts off the property? I doubt it.


47 posted on 10/17/2006 8:03:09 AM PDT by Tallguy
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To: presidio9

Nothing like those great conservative Supreme Court justices.


48 posted on 10/17/2006 8:03:19 AM PDT by TBP
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To: cvq3842
"Maybe they should turn their energies against the terrorists, rather than this fine group which chooses to preserve American values."

As a private, member-only organization, you can demand to run your organization according to your own values, which is completely within their right, but you can't then turn around and demand the right to free use of publicly-funded facilities.

49 posted on 10/17/2006 8:03:39 AM PDT by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: presidio9

A few links of possible interest:
http://www.freerepublic.com/focus/f-news/1020917/posts
http://www.freerepublic.com/focus/f-news/1663939/posts
http://www.freerepublic.com/focus/news/854123/posts
http://www.scouter.com/forums/viewThread.asp?threadID=136820


50 posted on 10/17/2006 8:04:16 AM PDT by polymuser (There is one war and one enemy.)
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To: kidd
Would my 17 year old son be allowed to play on the High School girls volleyball team, since there isn't a boys volleyball team? Or does the school "discriminate"?

Legally 'Yes'. I think that the Intramural Sports programs at certain universities are required to allow male students in sports that have no male counterpart. The point is that most males do not seek to compete with women when it comes to athletic endeavors.

51 posted on 10/17/2006 8:07:00 AM PDT by Tallguy
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To: Alberta's Child
let them get a wealthy private donor to buy them their own marina.

There aren't all that many wealthy private donors running around who believe in family values. Soros and his ilk are typically democrats, because they don't like society to place restrictions on what they can do with their money.
52 posted on 10/17/2006 8:08:52 AM PDT by Old_Mil (http://www.constitutionparty.com/)
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To: Tallguy


I work with a woman who's daughter is on her HS wrestling team. She's actually proud of the fact that her little emancipated princess is "undefeated" because no coach with any sense of decency will let a teenaged boy get in the ring with her. One kid even forfeited a 56-match win streak because of her.


53 posted on 10/17/2006 8:10:09 AM PDT by presidio9 (Make Mohammed's day: Shoot a nun in the back.)
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To: Alberta's Child
How ironic is it that people like that bunch of Muslim cab drivers who refuse to pick up passengers with alcohol and passengers with dogs may end up being this country's best line of defense against this radical homosexual agenda?

It may come to that. I fear that the battle has been lost by the churches.
54 posted on 10/17/2006 8:10:23 AM PDT by Old_Mil (http://www.constitutionparty.com/)
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To: polymuser
Every Bible-based, true-teaching church could charter a Pack (Cub Scouts) and a Troop (Boy Scouts), actively recruit in their local neighborhoods, and include Scouting as part of their Youth Ministry.

An excellent suggestion. Many long-established troops are sponsored by churches, but sometimes when the key leaders move away or get burned out the troop just dwindles. There is always a need for "fresh troops" to continue expanding and extending Scouting's influence.

If you know of a troop near you, why not ask around and offer your help? Or if you are in a church that does not host a troop, talk to the people at the area Boy Scout council about how to get organized. The Council will provide all the training and support you need to get a group of adults organized as a committee that will oversee the new troop.

And, by the way, while Boy Scouts have a high percentage of male leaders, female leaders are also welcomed -- both for Cubs and Scouts.

I have tears in my eyes just thinking about some of the opportunities for encouraging young teens and building their confidence and leadership skills that I have experienced over the past few years as an Assistant Scoutmaster. (Last night I helped two 16-year-olds look at the requirements for their next rank advancement and plot out a plan for accomplishing them -- and I often think how I longed for that kind of personal "I know you can do it" encouragement when I was that age).
55 posted on 10/17/2006 8:10:51 AM PDT by TheCornerOffice
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To: sportutegrl

"...I didn't have a ready reply..."

How about, "Well, that just means there's plenty for everyone else! Sign up for our mailing list and we'll keep you informed about our KY sales events."


56 posted on 10/17/2006 8:10:55 AM PDT by Buck W. (If you push something hard enough, it will fall over.)
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To: presidio9

Summary Breakdown of the 109th Congress Scouting Survey

Senators/Representatives/Total
Scout 37/151/188
Scout and leader 15/42/57
Leader 0/16/16
Grand total 52/209/261

Eagle Scouts and Special Recognitions

Senators/Representatives/Total
Eagle Scout 8/17/25
Distinguished Eagle Scout 7/4/11
Silver Beaver Award recipient 3/7/10
Silver Buffalo Award recipient 0/1/1
Grand total 18/29/47

(from scouting.org)


57 posted on 10/17/2006 8:12:03 AM PDT by polymuser (There is one war and one enemy.)
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To: presidio9
And what makes you think the America-haters in Berkeley would have the slightest problem with a radical Islamic group?

Chewbacca: Aaaaaaaaaaaaaaaarrrgh
C-3PO: He made a fair move. Screaming about it can't help you.
Han Solo: Let him have it. It's not wise to upset a Wookiee.
C-3PO: But sir, nobody worries about upsetting a droid.
Han Solo: That's 'cause droids don't pull people's arms out of their sockets when they lose. Wookiees are known to do that.
Chewbacca: Grrf.
C-3PO: I see your point, sir. I suggest a new strategy, R2...let the Wookiee win.
58 posted on 10/17/2006 8:13:22 AM PDT by Old_Mil (http://www.constitutionparty.com/)
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To: NutCrackerBoy

Isn't the current policy of the Boy Scouts the results of them being sued way back when for not "discriminating" and allowing pedophiles to be leaders of Boy Scout troops? Note, I don't make a distinction between Homos and Heteros - there are far more Hetero pedophiles than Homos. When it comes to trying to protect children and promote Christian values: Damned if you do and Damned if you don't....


59 posted on 10/17/2006 8:17:08 AM PDT by Sioux-san (God save the Sheeple)
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To: FreedomPoster

The Girl Scouts also have no problem with Lesbians being Scout leaders. Go figure.


60 posted on 10/17/2006 8:17:43 AM PDT by redangus
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