Sunday, Aug 18, 2019
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 37 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
 
 
Uncomman Fragrance by Michael Todd
 
KitchenSource.com
 
 

125x125 Bedding Sets
 
Roku.com-The Little Black Box That Streams Thousands of Films!
 
 

 

[Valid RSS]

click to go to advertisers website
Back to Section One | Back to Arts & Entertainment
posted Friday, May 7, 2010 - Volume 38 Issue 19
Boy Scouts of America lose Supreme Court case
Section One
ALL STORIES
  next story
Boy Scouts of America lose Supreme Court case

by Mike Andrew - SGN Staff Writer

The U.S. Supreme Court has decided to let stand a ruling by a U.S. District Court in San Diego that the Boy Scouts of America may not lease city-owned land because they are a religious organization.

In a ruling on May 3, the court denied the Boy Scouts' petition for certiorari without comment.

A writ of certiorari is a formal request that a lower court turn over records of a case to a higher one, so that the court can review the case. The Supreme Court will grant certiorari at its discretion in cases it wishes to hear.

Denying the Boy Scouts' petition leaves the District Court's ruling as the final judgment in the case of Boy Scouts v. Barnes-Wallace.

U.S. District Judge Napoleon Jones, Jr. ruled in 2003 that San Diego acted improperly when it leased an18-acre city-owned campsite to the Boy Scouts because the group is actually a religious organization.

The judge held that the lease violated the Establishment Clause of the 1st Amendment prohibiting government promotion of religion.

While the Boy Scouts contended they are not a religious group because they have no theology and merely teach that children should "do duty to God" to become productive citizens, their bylaws include a "Declaration of Religious Principle."

The declaration is printed in all Boy Scouts publications including membership and adult leadership applications and all leader handbooks.

Boy Scouts v. Barnes-Wallace was filed by the ACLU in August 2000 on behalf of a Lesbian couple and an agnostic couple, each with scouting-age sons.

Lesbians Lori and Lynn Barnes-Wallace joined agnostics Michael and Valerie Breen in suing the City of San Diego and the Boy Scouts of America.

The suit was filed after the San Diego City Council voted to extend the Boy Scouts' 50-year campsite lease for an additional 25 years.

Since 1957, the City of San Diego has leased part of the city's Balboa Park to the Boy Scouts of America for the price of $1 per year.

A subsequent settlement between the ACLU and the City of San Diego allows the Boy Scouts to continue using the facilities.

At the time of the settlement, San Diego's City Attorney roundly criticized his co-defendants, the Boy Scouts.

"The Boy Scouts have repeatedly and pointedly refused to support the City in helping to pay any of the potential attorney's fees involved in this case," he said.

"They want the City taxpayers to continue to argue the case even though they have acknowledged that they are a religious organization and even though they refuse to share in the potentially enormous attorney's fee award that will be ultimately awarded to plaintiffs who have already prevailed in Judge Jones' ruling noted above."

The City of San Diego ultimately agreed to pay $950,000 in legal fees to settle the Barnes-Wallace case.

In a previous case, Boy Scouts v Dale, the U.S. Supreme Court ruled in June 2000 that the Boy Scouts and all other private associations have a 1st Amendment right to freedom of association, and therefore may expel openly Gay members, as well as atheists and agnostics.

Since the Dale decision, the Boy Scouts have become targets of preferential treatment lawsuits on behalf of plaintiffs who were excluded on the basis of sexual orientation or religious conviction.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

Lesbian couple legally married in Texas
------------------------------
SGN EXCLUSIVE INTERVIEW: Barney Frank talks - his 30 years in Congress
------------------------------
Hawaiian legislature OKs civil unions
------------------------------
Entre Hermanos: SB1070
------------------------------
Boy Scouts of America lose Supreme Court case
------------------------------
Chicago Free Press out of business
------------------------------
Gay rights groups look for leadership on DADT
------------------------------
DOMA heads to federal court
------------------------------
Argentinian Deputies advance marriage equality
------------------------------
Laurie Jinkins launches campaign for State House
------------------------------
D.C. Appeals Court hears marriage equality case
------------------------------
N.Y. Court of Appeals expands rights of non-biological parents
------------------------------
Seattle May Day march intensified by AZ immigrant bill
------------------------------
International Gay and Lesbian Human Rights Commission's Executive Cary Alan Johnson
------------------------------
Social networking led to murderous connection, say cops
------------------------------
LGBTQ survey reveals a diverse population
------------------------------
BREAKING NEWS
------------------------------
Jesse's Journal: Hospital visitation a daily struggle for LGBT couples
------------------------------
Marquette Rescinds Offer to Sociologist
------------------------------
Lithuanian court reverses ban on gay pride parade
------------------------------
NO MATCH: Maddow Vs Cooper On George Rekers Rentboy Scandal with VIDEO
------------------------------
An Unlikely Plaintiff. At Issue? He Dares Not Speak Its Name
------------------------------
Elena Kagan Is Not Gay
------------------------------
Dan Pious and Jordan Pious talk 'The Amazing Race' win
------------------------------
Florida AG (GOP candidate for Gov.) Bill McCollum 'personally requested' the hiring of Rekers
------------------------------
Bill McCullom requested hiring of antigay psychologist now in Rentboy scandal
------------------------------
Caribbean to get $100M grant from US to fight AIDS
------------------------------
2nd Sit-in at McCain's AZ Office to Protest DADT
------------------------------
GLSEN Announces No Name-Calling Week Creative Expression Contest Winners
------------------------------
Gay rights group demands apology from Newsweek
------------------------------
A Case for Outing on All Levels
------------------------------
Film fest 'the heart and soul' of Trans culture
------------------------------
Prop 8 Trial Testimony Gets a Marisa Tomei Makeover
------------------------------
Columbia Law School Sexuality and Gender Law Clinic Report Identifies Key Factors for Transition in Australia, Canada, Israel, and U.K. and Discusses Open Service within U.N. Peacekeeping and NATO forces
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
SkinCareRx Banner (250x250)
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

Roku.com-The Little Black Box That Streams Thousands of Films!
gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml
copyright Seattle Gay News - DigitalTeamWorks 2010

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News