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9th Circuit Says San Diego Can Offer Low Rent To Anti-Gay Boy Scouts

ScoutshonorA three-judge panel of the 9th Circuit Court of Appeals today said that San Diego can continue offering the Boy Scouts of America lower-than-normal rents even though the BSA maintains its discriminatory policies of forbidding LGBT people and atheists, the Los Angeles Times reports.

“There is no evidence that the city’s purpose in leasing the subject properties to the Boy Scouts was to advance religion, and there is abundant evidence that its purpose was to provide facilities and services for youth activities,” wrote Judge William C. Canby Jr. wrote in the panel's unanimous decision.

The lawsuit was brought by a lesbian couple and an atheist couple who claimed by giving the BSA such rents, San Diego was breaking state and national laws by renting the space for as low as zero. You'll recall that Philadelphia found itself in a similar position a few years ago.

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Comments

  1. Appeal! DAMMT APPEAL!

    Posted by: OS2Guy | Dec 20, 2012 4:16:39 PM


  2. The case involved the city of San Diego, not Los Angeles. One wonders whether the atuhor actually read the article...

    Posted by: Todd | Dec 20, 2012 4:19:14 PM


  3. So, basically, the BSA defends their discrimination by claiming that their religion tells them to discriminate, yet promoting them by giving them lower rent is not promoting their religion?

    Really?

    Posted by: Philip Wester | Dec 20, 2012 4:49:18 PM


  4. Another idiot judge. Who cares what the "city's purpose" in leasing the property is. If the lessee discriminates against some taxpayers, that's a problem.

    Posted by: RomanHans | Dec 20, 2012 6:24:40 PM


  5. The LA Times article stated, "A three-judge panel of the 9th Circuit U.S. Court of Appeals upheld the city’s practice of leasing valuable property to the Boy Scouts for nominal rent in exchange for the group’s commitment to undertake expensive renovations and to manage the property." So, it seems the Boy Scouts are getting a rent break in exchange for some services to the city and for upgrading a city facility.

    I guess one question is whether other groups will get to make use of the upgraded facilities.

    As to the Boy Scouts defense of discrimination by appealing to religion, I never believed the claim - I just figured some lawyer thought it sounded better than "a significant fraction of our customers are prejudiced and our marketing department has decided that we have to discriminate against gays to keep our prejudiced customer base."

    Posted by: Bill | Dec 20, 2012 7:07:41 PM


  6. The LA Times article stated, "A three-judge panel of the 9th Circuit U.S. Court of Appeals upheld the city’s practice of leasing valuable property to the Boy Scouts for nominal rent in exchange for the group’s commitment to undertake expensive renovations and to manage the property." So, it seems the Boy Scouts are getting a rent break in exchange for some services to the city and for upgrading a city facility.

    I guess one question is whether other groups will get to make use of the upgraded facilities.

    As to the Boy Scouts defense of discrimination by appealing to religion, I never believed the claim - I just figured some lawyer thought it sounded better than "a significant fraction of our customers are prejudiced and our marketing department has decided that we have to discriminate against gays to keep our prejudiced customer base."

    Posted by: Bill | Dec 20, 2012 7:07:42 PM


  7. Appeal. The BSA is explicitly a religious organization.

    Posted by: Randy | Dec 20, 2012 7:32:38 PM


  8. It's really a disgrace the BSA is legally allowed to slide for their blatantly discriminatory policies. They've long been given the free pass under the "religious organization" banner but that needs to be called into question because it's a lie the BSA runs to when they're involved in lawsuits, and that's about it.

    Posted by: Francis | Dec 20, 2012 11:27:03 PM



  9. You seem to be a good lawyer and know a lot about appeals. On the legal forum of Attorney Online we started a discussion about what are appeals http://attorney-online.info/forum/13-70-1 Please join the discussion and express your opinion. Moreover you can write there articles and posts to Attorney Blog. If you know many good attorneys, you can invite them to submit their contacts to Attorney Directory. It is free and lifetime. If you know interesting legal news, you can also publish them.

    Posted by: attorney-online.info | Dec 21, 2012 12:35:16 PM


  10. I stopped contributing to the Boy Scouts over 50 years ago when the troop, of which I was treasurer, received notification to screen the membership for possible homosexuals, and to get rid of them.

    Posted by: Jerry6 | Dec 22, 2012 5:11:32 PM


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