That's one way of putting it I suppose. But the Scouts are free to say 'No' to the city and there is nothing the city can do to force the Scouts to admit homosexuals. At the same time there is nothing the Scouts can do to force the city to subsidize their headquarters, either.
It is NOT equal treatment because another pro-homosexual group would get the enhanced benefit.
And what group would that be?
It is UNequal treatment based on the scouts conscience.
If the Scouts can show that other organizations with similar exclusive membership policies have been allowed to use city property then they would probably win their case.
If the city wanted to go with clean hands they would have to charge EVERYONE exactly the same. They are not. You can get preferential treatment if you agree that one man playing with another mans genitals is somehow normal.
So you say.
That torpedoes the argument the city is putting forth.
Somehow I don't think so.
The city apparently has other groups that have such favorable rent agreements BECAUSE they comply with the thought control rules of the city manager.
In addition the city has said IF the scouts comply with teh thought control rule then they can keep the building otherwise they have to pay a “penalty” to stay.
IOW, in another world “if you are a catholic you have to pay double because you will not convert to anglican and reject the pope.”