Separation of Church & State - Boy Scouts Lose Case In Civil Court

[Pookie]

In Final Chapter of San Diego Park Lease Case, Court Rules Against Boy Scouts on All Issues


April 14, 2004

FOR IMMEDIATE RELEASE

SAN DIEGO -- Addressing the last outstanding issues in a lawsuit challenging the constitutionality of exclusive preferential leases for the Boy Scouts, a federal district court has found that the lease for the Boy Scouts’ free use of aquatic parkland on City-owned Fiesta Island is unconstitutional.

"Today’s decision affirms the fundamental principle that government may not favor a discriminatory religious organization," said Jordan Budd, Legal Director of the ACLU of San Diego and Imperial Counties. "When government endorses a particular religious viewpoint, as the city plainly has done through its preferential treatment of the Boy Scouts, it undermines the values of tolerance and inclusiveness that are at the core of our constitutional system."

The lawsuit was brought by the ACLU of San Diego and Imperial Counties, ACLU cooperating law firm Stock Stephens LLP and their co-counsel Morrison & Foerster on behalf of an agnostic couple and a lesbian couple.

The court said the city had violated the constitutional requirement of separation of church and state by granting these preferential and exclusive arrangements for use of public resources to the Boy Scouts, a self-described religious organization that discriminates on the basis of religious belief and sexual orientation.

"For four years our clients stood up to the city and to the Scouts because public parks should never be used for discrimination," said Mark Danis, a partner with Morrison and Foerster. "Judge Jones correctly found that the city violated the separation of church and state by anointing a religious organization to lease Fiesta Island to the exclusion of all others."

"Even the City has now done the right thing by settling this case and choosing to uphold its policies against discrimination and religious preference," he added. "This has been a long road, but we are gratified that the city's parks now are open to all San Diegans."

The court ruling cited a number of factors that led to its determination that the Fiesta Island lease process was not open and neutral. The fact that no bids from any other organizations were ever invited by the city, that no other organizations were involved in the lease negotiations, and that the Scouts were granted exemptions from the city's non-discrimination policy and other applicable city rules and policies all led the court to the conclusion that the city had violated the Establishment Clause of the federal constitution and the No Aid and No Preference clauses of California constitution. These constitutional provisions require government to be neutral with respect to religion.

The lawsuit was filed on behalf of two San Diego families, the Breens and the Barnes-Wallaces. The Breens are agnostics who are unsure of the existence of God and who do not participate in organized religion. They have a son, Maxwell, who is nine years old.

The Barnes-Wallaces are a same-sex couple with a 10-year-old son, Mitchell. Both families are avid users of Balboa Park, except the portion of the park under Boy Scout control. Their sons would like to be Scouts, but cannot join. Max Breen would be unable to take the Boy Scout oath, which avows a reverence for God. Mitchell Barnes-Wallace cannot join because his parents are lesbians, whom the Scouts do not consider "morally clean."

The court’s action will trigger a clause in the Scouts' Balboa Park lease that provides for that lease to terminate on the day a court enters a final judgment invalidating the lease. Now that the court has ruled on all issues in the case, a final judgment has been entered.

Under the terms of an earlier settlement agreement between the ACLU and the city, the city must now send the Scouts a letter notifying them of the termination of the Balboa Park lease.

Today’s ruling is added to a virtually identical ruling with respect to a lease for land in City-owned Balboa Park and becomes the final judgment in this case.

The lawsuit is Barnes-Wallace v. Boy Scouts, case # 00cv1726J.

Source: http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=15481&c=100

 

[rk5454]

boy scouts

pookie thanks for bringing the bias of the boy scouts out in the open. there is similar stuff going on in the phila. area regarding the boy scouts and the mayor and city council have issued eviction notices to that council from use of any city property. scouting was a wonderful program until the politics got involved. now the boy scouts basically prosecute gay or bi men and youth from the program as well as religious groups prosecuted the same way. the scouting program used to be a good thing but now it is a disgrace and who knows may even change the khaki uniform into white sheets and hoods. after more than 40 years involved in scouting i have dropped all affiliation because of their bias and i have pulled my sons out of the program as well.

 

[Mikijl Dragon]

When I was a kid I spent a whole one week as a scout. As a kid I never really payed attentoin to the oaths etc. I just wanted to have the fun I saw the other kids having.

I dint know they were so closed minded and dicrimentory. Thanks for bringing this to the board. It totally changed my outlook on that organization.

(sorry for spelling or grammer mistakes, on lunch and didn't have time to check)

 

[RobHammer]

Boy Scouts

I've been involved with Cub Scouts and Boy Scouts for about 9 years, and am disheartened by the political stance the organization has taken. The LDS church has a big influence on the organization and run their own modified program.

A couple of years ago when the sexual orientation issue was raging, there was a Yahoo poll on whether gays should be allowed in Scouts. A good friend from Scouts sent out an email to everyone in his address book urging them to vote in the poll because it was going the wrong way. When I looked at the poll I realized which way his "wrong" way meant. I had never had a private conversation with him about sexual orientation before and was shocked by his attitude. I had always thought of him as an open-minded person. You never know.

The Scouting program used to indoctrinate boys about masturbation being morally wrong and sinful. These days the published literature tells Scouts to seek the advice of a trusted adult should they have unusual "urges." The only kind of official information on sexuality that the Scouting program offers is on youth protection. Basically there are some videos that play out situations of an adult or another youth sexually victimizing boys and how to deal with those situations.

This is a program that is supposed to be fun and rewarding, which is designed to nurture youth and bring out the best in them. In some areas it is sorely lacking. Most of the parent sponsored organizations are more tolerant in general, and many parents feel the organization is wrong in the stance thay have taken. The attitude of many people in the program is the same as the military -- don't ask, don't tell.

 

[Quint]

Weird. T is an Eagle scout and an atheist, as is his dad, his scoutmaster, and they're just fine with homosexuality. He's never mentioned his troop acting in any discriminatory fashions; I had no idea that this was not typical. Discouraging, as I'd have liked a future son of mine to have the same positive experience that T did.

 

[College_geek]

It seems to me that it would probably have to do with specific troops of boy scouts taking this stance, and perhaps the association in general. That doesn't necessarily mean that all of the troops believe in it. I was a girl scout for 12 years of my life, and although I've been out of the loop this past year, I don't believe that they have taken any stance regarding this issue. The pledge does say God in it, but in general the girl scouts tend to be pretty good about religious differences. I don't know about the boy scouts, but I the girl scouts I think are more about female empowerment (at least they used to be) more than what your sexual orientation is. I do remember something happening a few years ago about a boy scout leader who was homosexual and they kicked him out. I'm not clear about exactly what happened, but I think they assumed that he would sexual molest the boys. I hate when people generalize and jump to conclusions.

Sorry that this isn't coherent at all. Just ranting.