The Boy Scouts of America has provided millions of dollars in improvements to public facilities in exchange for their use, but now faces being banned from them because homosexuals and lesbians who were never even exposed to the organization claim their feelings were hurt. A lawsuit has resulted.
The court case presented to the U.S. Supreme Court developed over leases from the city of San Diego, Calif., allowing the San Diego Boy Scouts to build and operate campgrounds and an aquatic center on city property for both their own use and the public's. The public interest legal groups representing the scouts said that "lesbian and agnostic couples who had never visited the facilities sued the scouts on a claim that they felt offended by the fact that the city leases the public property to a 'morally straight' organization such as the Boy Scouts." There were no religious symbols at the facilities.
The Scout Oath calls for a member "to do [his] duty to God and [his] country ... and to keep [himself] morally straight."
A three-judge panel from the 9th Circuit Court of Appeals dismissed the complaint filed by the team of agnostics and lesbians, determining the individuals lacked standing to sue because "offended observers" have sustained no injury. But the decision was reversed by the full 9th Circuit panel. Now, lawyers from the Thomas More Law Center and Alliance Defense Fund are joining forces with the Boy Scouts to contest the decision.
The "Boy Scouts are asking the court to determine whether the plaintiffs have standing to bring an Establishment Clause challenge to San Diego leases of recreational facilities when they have never visited the facilities and the facilities are available for use by the public and display no religious symbols," said an attorney for the Boy Scouts. [WorldNetDaily.com]
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