Posted on 03/10/2006 8:34:42 AM PST by Crackingham
California may refuse to provide subsidies to the Boy Scouts of America and other nonprofit groups that fail to comply with government antidiscrimination policies, the California Supreme Court ruled unanimously Thursday. The state high court's decision gives cities and government agencies the ability to impose antidiscrimination conditions on any group that receives a public benefit. The ruling was one of a handful across the country in which courts have permitted government agencies to exclude the Boy Scouts from programs because the Scouts bar gays and atheists.
In a ruling written by Justice Kathryn Mickle Werdegar, the court upheld a decision by the city of Berkeley to end a decades-long tradition of providing free berthing at a city marina to the Sea Scouts, an affiliate of the Boy Scouts.
The Sea Scouts argued that it had never discriminated and complained that the city was violating its 1st Amendment rights to free speech and association.
But the court said the group's refusal to pledge to comply with the city's antidiscrimination policy justified Berkeley's action.
"A government entity may constitutionally require a recipient of funding or subsidy to provide written, unambiguous assurances of compliance" with an antidiscrimination policy, Werdegar wrote. The requirement does not violate free speech rights because "to condition a public benefit on assurances of nondiscrimination is not to compel advocacy of a viewpoint," the court said.
The case attracted widespread interest. Groups weighing in the litigation on behalf of the Sea Scouts included the Church of Jesus Christ of Latter-day Saints, the National Catholic Committee on Scouting and the National Club Assn.
Supporting Berkeley were the League of California Cities and California Assn. of Counties, the Anti-Defamation League, the Lawyers' Committee for Civil Rights and three foundations of the American Civil Liberties Union.
(Excerpt) Read more at latimes.com ...
IRVING, TX, March 9, -- Boy Scouts of America is dismayed by the decision of the California Supreme Court in the Berkeley Sea Scouts lawsuit against the City of Berkeley. The Court chose to ignore United States Supreme Court precedent and denied the Sea Scouts its First Amendment rights of free speech and association. Read more...
The Boy Scouts were chartered by an act of Congress, if memory serves.
A Pox on Berkely and all who live there.
Anyone know the answer? I don't.
Initial thought: We don't need yer stinkin' subsidy.
Once again, California shows itself to be one of the most moronic, useless states in the union. And before anyone attacks me for saying that, I live in California and am a native to this vile state. What a sad place this has become where lies rule the day and immorality is celebrated. California has easily become the most vapid and pointless state in the union.
The Boy Scouts provide a positive role model and a place for young boys to feel like they belong. It has helped keep many young boys out of gangs and has equipped them with important life skills. So I guess it's more important to California that we protect the feelings of gays then that we protect young boys increasingly vulnerable to gangs and drugs. This is the problem with the gay rights movement. It's all about them, to hell with what's good for everyone else. Never has their been a more narcisstic bunch of complainers and prima donnas then this. "Accept me! I demand it of you!" Why don't people just learn to accept that sometimes in life there are just places where you're not welcome, and an organization involving the rearing of young boys with proper moral values has no place for sexually predatory homosexual leaders? Is it so hard to accept in life that there are just simply places where you're not welcome? Get over it.
Anyway, good job California. Weaken an important organization that instills values and hard work in young boys in a world so lacking in such messages for our youth. Meanwhile, use my tax dollars to subsidize graffati taggers and call it "art." Once again my state utterly embarrasses me. I've got to accelerate my 5 year plan to get out of this hell hole.
The case would have to go up on certiorari and I'd bet a month's pay that the Sup. Ct. will not accept the case.
Once again, in the name of fighting discrimination, government practices discrimination. They say, "Oh, this is different - we are discriminating against discriminators, so it's not really discrimination." But they are doing EXACTLY what the Scouts are doing. The Scouts are discriminating against gays because they think homosexuality is morally offensive; Berkeley is discriminating against the Scouts because they think the Scouts anti-gay rule is morally offensive. I really don't see any difference. Oh, there's one - the Scouts are a private, voluntary organization; the city of Berkeley is a public entity. So what we have is a public, supposedly neutral entity, attempting to force its beliefs onto a private, voluntary entity, and doing it in the name of non-discrimination. It is laughable.
The Boy Scouts should take a page from Hillsdale College and accept no government subsidies. I think that an aggressive P.R. campaign would yield the difference from private donors with no strings attached.
subsidy from government is inapropriate in any form.
The Scouts will be better off without government connections and their mandates.
Californicate is angry that the BOY Scouts wont allow homo scout leaders to prey on young boys.I couldnt allow my son to join knowing he would be fresh meat for bottom feeders.
Not the little gay ones.
(Devil's advocate)
"Not the little gay ones."
Don't ask, don't tell! Anyway, most grow out of it at that age.
California Supreme Court - hate group!!
There's really nothing new here. Federal and state money always comes with strings attached. One of the reasons that I support the Boy Scouts financially is so that they do not need federal or state money, or any other money, for that matter, that comes with strings attached.
Local government belongs to local community. Boy Scouts as an 'expression' of local community should be accommodated in public schools...got a problem with that, then start the local chapter of the Gay Scouts who will ALSO meet at the public school.
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