Posted on 02/11/2006 9:58:48 AM PST by Jay777
An ACLU lawsuit on behalf of an agnostic, lesbian couple seeking to nullify the Boy Scouts long-standing lease with a San Diego park will be heard in the 9th Circuit Court of Appeals, widely regarded as the nations most liberal.
The city of San Diego is appealing a U.S. District Court judges ruling in 2003, which determined the agreement violates the First Amendments ban on state-sponsored religion.
Oral arguments will begin Tuesday morning in Pasadena, Calif. A decision is expected later this year.
Judge Napoleon Jones said in his 2003 ruling the Boy Scouts are a religious organization with a religious purpose because adult leaders and youth members are required to believe in a formal deity and to swear duty to God.
Backers of the Boy Scouts argue that while the group promotes belief in God, it represents no particular denomination or religion. Individual troops can be sponsored by a church, synagogue, mosque or secular organization.
The local Desert Pacific Council of the Boy Scouts has used the northwest corner of Balboa Park, near the San Diego Zoo, since 1940. It has leased the land for $1 a year since 1957, and the city council approved a 25-year lease agreement at the end of 2001.
The Boy Scouts argue Camp Balboa and a nearby city facility maintained at their expense, the Youth Aquatic Center, are used extensively on a first-come, first-served basis by the public as well as by Scouts. The plaintiffs have never even tried to use the facilities, they maintain.
The ACLU represents Lori and Lynn Barnes-Wallace and their Boy Scout-aged sons.
(Excerpt) Read more at worldnetdaily.com ...
"Go ahead, ACLU, make my day." - Chief Justice John Roberts
(This Supreme Court justice has been impersonated for the purpose of ticking off any DUmmies who might be having someone else read this to them.)
I was thinking the same thing, actually.
Judge Napoleon Jones. Dickens would have enjoyed that.
The good news is that if the Boy Scouts lose, the SC will probably take a look at it...(though that may not help). Personally, I thought that the government can't discriminate against religious organizations? You know that whole 1st Amendment thing...
That's why I added the keyword "hellbound."
IIRC, even thought the lease is $1.00 per year, the local Scouting council has invested millions into upgrades of the property even though anyone is able to use it.
Why can't people just leave the Boy Scouts alone?
Exactly my notion. The Boy Scouts is one of the solutions to many of the country's problems. Can't people realize that????
These people are despicable wastes of skin
HUH????? They have SKIN??????????????????????????????????????????????????????????????????????????????????????????!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"The ACLU is the spawn of Satan."
This is why the ACLU must be declared a subversive terrorist organization and the entire leadership deported to Git'mo with the rest of the traitors.
"This is ALSO why the entire Ninth Circus Court of Schlemiels needs to be IMPEACHED for misfeasance, malfeasance, and nonfeasance of its sworn duty.
And while we're at it, impeach that old bag Ruth Bader Ginsburg off the SCOTUS, too."
Well said...
First, the 1st Amendment in no imposes a "ban on state-sponsored religion." It bans Congress from imposing a nationally-sponsored religion. Just incidentally, it also prohibits interference with the free exercise of religion. When the Constitution was adopted, several states had laws sponsoring a particular religion, usually through the collection of funds via taxation. These laws were dropped, not because they were unconstitutional, but because the religions had no desire to invite the potential for interference of any kind from the state. Thus, the Constitution does not ban state-sponsored religion, tyrannical oligarchs have and continue to impose such a ban with the intent to disrupt any free but public exercise of religion.
Furthermore, BSA is not a religious organization. The BSA does not provide religious training to anyone. Nor are leaders and youths required to believe in a "formal deity." One must believe in a higher power, but exactly what you believe in is highly personal and can be as informal as one wishes. In fact, with regard to belief system, BSA will accept anyone but an avowed atheist--even avowed agnostics are welcome.
Given that this case is so far out of sync with reality and logic, I can only assume that this is a treasonous attempt to prohibit a certain free exercise of association.
Exactly.
This one must really p*** off the ACLU.
Snakes have skin right? Isn't the stuff that forms on the surface of slime called a skin?
At least snakes shed their skin. :)
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