
California Supreme Court Rules Against Boy Scouts
Yesterday the California Supreme Court unanimously ruled that it is constitutional for the City of Berkeley to require the Boy Scouts to comply with an antidiscrimination policy that prohibits discrimination against homosexuals. (Read the Court’s opinion in Evans v. City of Berkeley here.)
You might recall that the United States Supreme Court ruled in Boy Scouts of America v. Dale (2000) that the Boy Scouts could exclude homosexuals on the basis of First Amendment associational rights. (Read the US Supreme Court decision here.)
Following the Dale decision, numerous cities began to either terminate the Boy Scout’s use of public property or require them to agree to nondiscrimination policies.
Evans involved the Sea Scout’s (a Boy Scout affiliate) free use of a berthing facility at a city-owned marina. In a nutshell, the state Supreme Court ruled that requiring adoption of a nondiscrimination policy did not violate the Boy Scout’s First Amendment… Read More