Posted on 06/17/2010 6:36:51 AM PDT by NYer
PHILADELPHIA, PA, June 16, 2010 (LifeSiteNews.com) – On Tuesday opening arguments were heard in a case involving the Cradle of Liberty Scout Council, which is challenging the city of Philadelphia's decision to evict the Council from a building that it built and has maintained since 1929. The city said it would carry through with the eviction unless the Council rejected the Boy Scouts of America's policy banning open homosexuals from membership.
In the Boy Scouts of America v. Dale case of 2000, the Supreme Court of the United States ruled 5-4 that the Boy Scouts of America (BSA) were constitutionally permitted to prohibit open homosexuals from being members or troop leaders.
The city argues, however, that while the Council is free to exercise its First Amendment right to create its own policies, it is not free to benefit from the city while violating city anti-discrimination policy.
The city had told the Scouts that unless they cough up $200,000 a year in rent for the land, they must either leave or change their rules.
The Cradle of Liberty Council says that the city council is being "selective" in its application of the anti-discrimination ordinance.
They argue that other private groups that discriminate in their membership, such as a Roman Catholic parish and the Colonial Dames of America, also enjoy subsidized leases and have not been threatened with the end of their lease agreements.
The Colonial Dames, for instance, limit membership to Americans with a direct descendent who lived in a colony before 1750 and who served his country before July 4, 1776.
The building in question was constructed with money raised by the Scouts 80 years ago. Since that time, the Council has paid all costs associated with the maintenance, repair, and improvement of the building. The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."
Cradle of Liberty officials have since renovated the building for over $2 million. The Cradle of Liberty Council serves over 87,000 youths in the area; the Philadelphia building is one of its two headquarters.
The Boy Scouts call for members to be "morally straight" and "clean in thought, word, and deed," which a 1991 BSA statement says excludes homosexual conduct.
Judge Ronald L. Buckwalter will oversee the trial. Buckwalter issued an injunction in 2009 banning the scouts from being evicted before the trial.
See related stories on LifeSiteNews.com:
Philadelphia Boy Scouts to Lose Historic Building for Not Accepting Homosexuality
http://www.lifesitenews.com/ldn/2007/dec/07121107.html
Philly City Council Ends 79-Year Boy Scout Lease Over Refusal to Accept Homosexual Leaders
http://www.lifesitenews.com/ldn/2007/jun/07060104.html
This is heartening to hear. After a seeming decline in popularity, I too have noticed an increase in interest - more Scouts visible in public, doing community service or selling items outside grocery stores. I hope it continues.
Great point.
The sodomites do have a version that attempts to mirror real scouting: “Scouting for All.” It’s a lame characature of real scouting, and I think it just exists to mock the BSA.
The land wasn't their's to begin with, it always was owned by the city.
Nope... ever heard of “adverse possession,” my FRiend?
IANAL.
Why then was the following statement included in the article?
The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."
And I'm sure they may try to argue it, but whether it applies in this case will depend on what the Pennsylvania statute says.
You'd be surprised how many adult leaders and parents are oblivious to this and the many other campaigns facing the BSA.
I talk to as many as I can about these types of issues and many of them look at me quizzically, the first they'd ever heard of such a thing.
Glad I didn’t disappoint.
Again, IANAL, but it seems to me that one wouldn’t press for that unless the court allows the City to go forward with their breach of contract.
Not gonna work. While some articles have said that the Scouts have been there rent-free, the fact is that they've paid a token rent of $1 per year. That invalidates any adverse possession claim.
Because it's a sloppily researched article. The land belonged to the city. They leased it to the BSA for $1 a year. The Scouts built the building on it and later turned that over to the city. The land itself, though, always belonged to the city, and is part of the same large parcel that includes parks and public museums. As far as the "in perpetuity" thing, the original agreement includes a clause that allows the city to terminate the agreement with one year's notice.
Philadelphia Inquirer: City Hikes Boy Scouts' Rent by $199,999 over Gay Ban
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The reason the city don't persecute the Catholic parish is that they do let homosexuals be priests. And see where it has gotten them!
This is so sick.
Gays upset that prime recruiting ground is closed to them....
Hopefully this goes their way.
That’s why I’m saying that if that agreement is vacated, then the “rent” payments should also be also vacated.
Because it's LifeSite News...not exactly the most accurate source.
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