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.
Enough said
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.
Not really...different source and story. Related and certainly not redundant.
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.
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?
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.
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.
"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.
"....[CA] state Supreme Court ruled Thursday."Actually, the California Supreme Court is quite conservative. Most of its justices have been appointed by Republicans.Enough said
This was a unanimous decision.
"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.
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.
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...
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.
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.
Good point...an excellent point, actually
"Yoo hoo, I say we camp riiiight here darling! The aroma of flowers is to diiie for!"
end sarcasm.
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.
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