Posted on 06/17/2010 6:36:51 AM PDT by NYer
PHILADELPHIA, PA, June 16, 2010 (LifeSiteNews.com) – On Tuesday opening arguments were heard in a case involving the Cradle of Liberty Scout Council, which is challenging the city of Philadelphia's decision to evict the Council from a building that it built and has maintained since 1929. The city said it would carry through with the eviction unless the Council rejected the Boy Scouts of America's policy banning open homosexuals from membership.
In the Boy Scouts of America v. Dale case of 2000, the Supreme Court of the United States ruled 5-4 that the Boy Scouts of America (BSA) were constitutionally permitted to prohibit open homosexuals from being members or troop leaders.
The city argues, however, that while the Council is free to exercise its First Amendment right to create its own policies, it is not free to benefit from the city while violating city anti-discrimination policy.
The city had told the Scouts that unless they cough up $200,000 a year in rent for the land, they must either leave or change their rules.
The Cradle of Liberty Council says that the city council is being "selective" in its application of the anti-discrimination ordinance.
They argue that other private groups that discriminate in their membership, such as a Roman Catholic parish and the Colonial Dames of America, also enjoy subsidized leases and have not been threatened with the end of their lease agreements.
The Colonial Dames, for instance, limit membership to Americans with a direct descendent who lived in a colony before 1750 and who served his country before July 4, 1776.
The building in question was constructed with money raised by the Scouts 80 years ago. Since that time, the Council has paid all costs associated with the maintenance, repair, and improvement of the building. The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."
Cradle of Liberty officials have since renovated the building for over $2 million. The Cradle of Liberty Council serves over 87,000 youths in the area; the Philadelphia building is one of its two headquarters.
The Boy Scouts call for members to be "morally straight" and "clean in thought, word, and deed," which a 1991 BSA statement says excludes homosexual conduct.
Judge Ronald L. Buckwalter will oversee the trial. Buckwalter issued an injunction in 2009 banning the scouts from being evicted before the trial.
See related stories on LifeSiteNews.com:
Philadelphia Boy Scouts to Lose Historic Building for Not Accepting Homosexuality
http://www.lifesitenews.com/ldn/2007/dec/07121107.html
Philly City Council Ends 79-Year Boy Scout Lease Over Refusal to Accept Homosexual Leaders
http://www.lifesitenews.com/ldn/2007/jun/07060104.html
Please post thye agreement if you have it. Thanks.
We should win this one if they follow the law. YIS
In 1928, the City of Philadelphia granted to the Philadelphia Council of the Boy Scouts of America1 permission to build its headquarters on a parcel of land owned by the city. Located on the Benjamin Franklin Parkway, the property was to be the home of the Boy Scouts’ regional headquarters. The terms of the arrangement were set out in a City Ordinance, which granted to Cradle “the privilege of erecting at its own expense on the lot . . . a suitable building to become at once the property of the City and to be used exclusively by the Boy Scouts for their own activities.” (Br. Supp. City of Phila. Mot. Dismiss, Ex. 1.) The Ordinance provided that “such building and lot . . . be kept in good order by said Boy Scouts during their occupancy.” (Id.) The Ordinance further allowed the City to terminate this arrangement, providing that the premises were “to be surrendered within one year after notice given them by the Commissioners of Fairmount Park, with the approval of the Mayor and City Council, of their desire to terminate the arrangement or by said Boy Scouts of their desire to surrender said property.” (Id.) source
Normal people should be suing to *demand* discrimination against people who suffer from same-sex attraction disorder.
“The reason the city don’t persecute the Catholic parish is that they do let homosexuals be priests.”
Homosexuals were ordained in direct violation of Catholic doctrine. The Holy Father, Benedict XVI, is moving to put an end to it.
“The reason the city don’t persecute the Catholic parish is that they do let homosexuals be priests.”
Homosexuals were ordained in direct violation of Catholic doctrine. The Holy Father, Benedict XVI, is moving to put an end to it.
“why would anyone want a homo in the boyscouts?”
For some reason, I think chickenhawks might.
Kind of like the old "Drug Fair" - now gone, but named in a simpler time.
The city may well have lost control, if not ownership, of the land in question.
As far as the Boy Scouts building is concerned, a government can never claim "adverse possession". Instead this becomes a "taking". Kelo didn't exempt the government from paying for property it takes. That ruling simply allowed certain governments in some states to pay for it and then give it away to rich people who felt a need.
I would imagine a court could set a very high value on that building and stick Philadelphia with a major bill.
This stuff is all pretty basic. I think all the court is going to get into here is a timetable for events and a computation of who owes what for which, and the homosexual community will be blamed for it all ~ which they should be. Greedy bunch of little piggies they are too!
Someone needs to gently remind Philadelphia that the Boy Scouts were just sued because some of their scouts were molested in years past by leaders and to point out that boy scouts are male as are the leaders, ergo homosexual molestation and that is why boy scouts don’t want homosexual leaders.
I hope the Judge hands the city it’s collectivist head!
Philadelphia is a homosexual mecca... They embrace all things homosexual there and it would appear detest any group that does not drink the koolaid...
The sad news is that we never hear about the Girl Scouts dealing such conflicts as they have already been corrupted by the leftists...
I think I heard on KYW on Tuesday that the jury had been selected for this trial. 6 women and 2 men IIRC.
The National Lesbian and Gay Journalists Association (NLGJA) boasted a few years ago that although homosexuals are less than two percent of the population, three-fourths of the people who decide the content of the front page of the New York Times are homosexual.
The NYT biased? Naw.
Teh Pack that I just “retired” from as a leader had fantastic growth this year. I think they gained about 15 new scouts, all from new family, no younger brothers.
Off topic-My two sons both had scouting milestones this week. My youngest earned Tenderfoot and the older one earned Life. I’ve also been very absentee, not by choice. I’m living 500 miles away due to a new job, so I wasn’t around to help as much as I wanted to.
The family is moving next week so the boys earned rank at their last ever meeting with their troop. I’m looking into starting a new home school troop in Maryland.
We had one in this part of the state at near about that same time. At least a couple of young men are dead because of him. The filthy pervert messed up a whole bunch of boys here, late ‘60s and early ‘70s. One died of AIDS, one commited suicide. At least one other one turned queer.
What next? Boys in the girl scouts and girls in the boy scouts?
Well, the women should be protective of the boys.
That's what I thought when I heard it.
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