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Berkeley Wins Boy Scouts-Marina Case [CA State Supreme Court Ruling; "Gays" v Boy Scouts]
Yahoo via AP ^ | Thu Mar 9, 6:26 PM ET | DAVID KRAVETS, Associated Press Writer

Posted on 03/10/2006 9:04:24 AM PST by indcons

SAN FRANCISCO - The city of Berkeley can charge marina fees to youth sailors connected with the Boy Scouts of America in response to the Scouts' discriminatory policies, the state Supreme Court ruled Thursday.

The court unanimously rejected claims by the Berkeley Sea Scouts that the city violated the group's free speech and freedom of association rights by charging it berthing fees, which nonprofit groups that comply with a 1997 nondiscrimination law do not pay.

The city revoked the group's subsidies in 1998 because the Boy Scouts bar atheist and gay members. It's one of several cases in which federal, state and local governments have distanced themselves from the Scouts.

The U.S. Supreme Court ruled in 2000 that the Boy Scouts' membership policies are legal, but the state high court ruled that governments remain able to deny benefits to organizations that discriminate.

"What the California Supreme Court said was that private clubs can discriminate, but the taxpayers don't have to fund that discrimination," Berkeley City Attorney Manuela Albuquerque said.

Scouts spokesman Bob Bork called the ruling "another in a continuing legal backlash against the Boy Scouts for asserting and winning its constitutional rights in the United States Supreme Court."

The Sea Scouts are a branch of the Boy Scouts that teaches 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.

The Sea Scouts pay $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.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: California
KEYWORDS: berkeley; boyscouts; california; firstamendment; gays; judgesgonewild; sanfrancisco; sidebarabuse
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"....[CA] state Supreme Court ruled Thursday."

Enough said

1 posted on 03/10/2006 9:04:28 AM PST by indcons
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To: indcons

If they have a law and they give free services to non-profits that follow the law and the law is constitutional then I don't see how the Supreme court could have ruled otherwise.


2 posted on 03/10/2006 9:06:39 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
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To: indcons
REDUNDANT POST
3 posted on 03/10/2006 9:07:37 AM PST by presidio9 ("Bird Flu" is the new Y2K Virus -Only without the inconvenient deadline.)
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To: presidio9

Not really...different source and story. Related and certainly not redundant.


4 posted on 03/10/2006 9:09:07 AM PST by indcons (The MSM - Mainstream Slime Merchants)
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To: indcons

Amazing how diligent the turd burglars are to gain access to other people's children!

And how positively hissy they get when they are thwarted.


5 posted on 03/10/2006 9:09:56 AM PST by FormerLib (Kosova: "land stolen from Serbs and given to terrorist killers in a futile attempt to appease them.")
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To: indcons
I'm sure this won't be a popular reply, but the city owns the marina... The city should be able to charge whatever they want. As great of an organization as it is, the Boy Scouts are not entitled to free berthing for their boats. The citizens of Berkeley, however insane they may be, paid for the marina, and they should be able to set prices as they see fit. The citizens elect their city council to make that decision.

How would Freepers feel if FreepTown USA built a marina, and gave free berthing to the Boy Scouts. Hamas Scouts sue, saying that FreepTown should give them free berthing too. How would you want the CA Supreme court to decide?

6 posted on 03/10/2006 9:11:53 AM PST by listingright
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To: listingright

I agree fully. Some conservatives, like Sean Hannity, confuse federal land with local or private land, assuming that all of our causes apply to both of the latter.


7 posted on 03/10/2006 9:14:42 AM PST by TeenagedConservative
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To: indcons

What are you talking about? It's a different reporter on the same story. There is nothing wrong with posting different takes, just try to keep them out of Front Page News. Thanks.


8 posted on 03/10/2006 9:21:28 AM PST by presidio9 ("Bird Flu" is the new Y2K Virus -Only without the inconvenient deadline.)
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To: indcons

"The U.S. Supreme Court ruled in 2000 that the Boy Scouts' membership policies are legal, but the state high court ruled that governments remain able to deny benefits to organizations that discriminate."

Actually what the Supreme Court ruled is that governments are allowed to discriminate against non-profits for arbitrary reasons whenever they want. It ruled that elected officials can reward nonprofits that promote their own leftist ideologies with tax dollars.


9 posted on 03/10/2006 9:23:37 AM PST by adam_az (It's the border, stupid!)
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To: indcons
"....[CA] state Supreme Court ruled Thursday."

Enough said

Actually, the California Supreme Court is quite conservative. Most of its justices have been appointed by Republicans.

This was a unanimous decision.

10 posted on 03/10/2006 9:25:52 AM PST by george wythe
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To: listingright

"I'm sure this won't be a popular reply, but the city owns the marina... The city should be able to charge whatever they want. As great of an organization as it is, the Boy Scouts are not entitled to free berthing for their boats. The citizens of Berkeley, however insane they may be, paid for the marina, and they should be able to set prices as they see fit. The citizens elect their city council to make that decision."

Apparently other organizations allow free birthing. How many elected big libs wives (or husbands) are on the board of directors of some "nonprofit" leftist front campaign organization and berth their boats for free? My guess is a few.


11 posted on 03/10/2006 9:25:59 AM PST by adam_az (It's the border, stupid!)
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To: indcons

If anyone should be forced to do anything, it should be the city being forced to sell the marina.

Why is the city in the marina business, anyway? I bet taxpayers are already subsidizing boat owners to some extent. Or else it's a "profit center" which is used to fund some kind of liberal program like condoms for elementary school students or something. Either way, I don't see why the government is in the marina business.


12 posted on 03/10/2006 9:28:38 AM PST by adam_az (It's the border, stupid!)
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To: presidio9

Thanks for your concern...I am sure the Sidebar Mod or Admin Mod will take appropriate action if they want to. Unless, you have become Inspector General of Posting Rights on FR...

BTW, you posted a day-old story on FrontPage news before it was removed: http://www.freerepublic.com/focus/f-news/1593894/posts

Hmmm...


13 posted on 03/10/2006 9:31:14 AM PST by indcons (The MSM - Mainstream Slime Merchants)
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To: indcons
The city revoked the group's subsidies in 1998 because the Boy Scouts bar atheist and gay members. It's one of several cases in which federal, state and local governments have distanced themselves from the Scouts.

The AP has it wrong (surprise, surprise...). The Scouts bar gay scout leaders. They do not have a bar on gay scouts. I don't think there is a bar on atheists as either members or leaders.

The AP wants to make it a story about youths being denied. It is actually a story about adults being denied access to youths.

14 posted on 03/10/2006 9:32:06 AM PST by bondjamesbond (RICE '08)
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To: adam_az

Local issue, local decision. The state or federal government should not be dictating the policies of the city. that's why our Republic is such a great system. We leave these decisions to the local level. The city may be subsidizing the marina, but obviously, the citizens of Berkeley are ok with that. If they didn't like it they could vote their representatives out of office.


15 posted on 03/10/2006 9:33:13 AM PST by listingright
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To: bondjamesbond

Good point...an excellent point, actually


16 posted on 03/10/2006 9:33:30 AM PST by indcons (The MSM - Mainstream Slime Merchants)
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To: indcons
Bezerkly-----

A regional capitol city located in the Northern zone of the Peoples Republic of Kalifornia.

Not necessarily associated with Southern California.
17 posted on 03/10/2006 9:35:00 AM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: indcons
I guess gays don`t know about this statue in D.C...I mean WTF is this all about? OK, I can understand the lady stands for justice or liberty, she looks something like that, but what the hell is with the nude guy walking limp wristed?

"Yoo hoo, I say we camp riiiight here darling! The aroma of flowers is to diiie for!"

18 posted on 03/10/2006 9:36:27 AM PST by Screamname (Tagline)
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To: gondramB
And, after having won their case in court, the city of Berkeley--in a gesture of good will--announced they will continue to to provide free berthing to the Sea Scouts.

end sarcasm.

19 posted on 03/10/2006 9:36:57 AM PST by GSWarrior
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To: indcons

Actually, my post is still in Front Page news, but thanks for the detective work. In any case, I could care less about what the moderators do. I find myself continuing this conversation only because you got snippy about a friendly point. Learn to take constructive criticism.


20 posted on 03/10/2006 9:38:41 AM PST by presidio9 ("Bird Flu" is the new Y2K Virus -Only without the inconvenient deadline.)
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