Posted on 07/13/2006 11:15:00 AM PDT by RonF
The Pacific Legal Foundation announced Tuesday that it will ask the U.S. Supreme Court to reverse a decision by the California Supreme Court that affirmed the city of Berkeley's right to deny the Berkeley Sea Scouts free berthing privileges at its marina. The city revoked the scouts' berthing privileges in 1998 because the group is affiliated with the Boy Scouts of America, which bans atheists and gays. The city said the ban violates Berkeley's anti-discrimination ordinance. The scouts, who had berthed for free for more than 60 years, appealed to the courts, calling the city's policy a violation of the First Amendment's guarantee of freedom of association. In March, the California Supreme Court unanimously ruled in Berkeley's favor, saying a city is entitled to limit such privileges to groups that don't comply with its rules. The U.S. Supreme Court is under no obligation to hear the appeal, but Pacific Legal Foundation attorney Harold Johnson said he's hopeful. "The same thing is happening all over the country, as cities are denying equal access to public programs to groups that don't meet a politically correct litmus test," he said. "The court is going to have to settle this sooner or later, and this is as good a case as any for them to take up the issue." He called the city's policy a violation of the Constitution's guarantee of equal protection under the law. Berkeley City Attorney Manuela Albuquerque declined to comment, saying only, "Read the California Supreme Court's decision. That's our position."
(Excerpt) Read more at mercurynews.com ...
Ping the list, please.
Contact your Local Scout Council Office, write a letter to the Scout National Officehttp://www.scouting.org is where to find the snail-mail address and let them know you wnat them to get off the dime and appeal this.
Read this yet???
I wonder if the Berkeley Marina gets any Federal money? I wonder if any of the Equal Access Act applies?
Those are good questions.
>> I wonder if any of the Equal Access Act applies?
I'm no lawyer, but that act seems to apply only to public secondary schools...
http://www.usdoj.gov/crt/cor/byagency/ed4071.htm
"BERKELEY TOSSES SEAMEN"
Don't get me wrong, I'm all for the Scouts...but if the City is merely running a business here, why can't it deny a special privilege (free berths rather than paying like everyone else) to a group that doesn't play by its rules?
Serious question.
The city would appear to be discriminating against the religious beliefs and traditions of Christians. Christians who practice their faith (and hold that there IS a God and that same sex sodomy is a sin) are not welcome in Berkely, it would seem. So if Christians are willing to change their bible, THEN they can use civic resources. Sounds like they need a separation of atheist and state.
What you have here is two conflicting freedom of associations. At heart to the issue, does the State (County, City etc) have the right of freedom of association.
----------------------------------------- I don't think that "everyone else" has to pay. As I understand it, that's the point of the Sea Scouts' litigation. They say that other not-for-profit organizations do NOT have to pay. Why should they - the Sea Scouts - be forced to pay when other not-for-profits are given free berths? Should the Sea Scouts be given different, lesser treatment because, as you put it, they "don't play by the city's rules"? If so, would you let Berkeley deny equal treatment to others who don't play by rules it might lay down - Republicans, for instance? Or people who vote for Bush? Should conservatives be forced to pay more for city services because they "don't play by the city's rules"? Just wondering.
-----So are you saying that Berkeley can restrict its programs to people who agree with the philosophy of Berkeley city officials and city employees - while the rest of us can't use Berkeley city property or have to pay more to use it than liberals would have to pay?
No, I'm not taking any side.
I'm pointing out the legal issue as I see it.
Thanx for the ping -- I hadn't read this particular article, but I was aware of the appeal.
So how do we start a Scouting ping-list?
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I would answer, No. The state is not an individual with "rights." It is a government entity with OBLIGATIONS -- including the obligation to make its programs available to all taxpayers and residents on an EQUAL ACCESS basis, without discrimination based on people's viewpoints. So Berkeley can't discourage Republicans from using its facilities (by charging them more) in the name of "the city's freedom not to associate with Republicans."
does the State (County, City etc) have the right of freedom of association.
I have a small one that I started. Do you want on it? Want a copy?
Do gay groups have to have token straight people?
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