| Topic: |
Sociology > Education |
| User: |
"" |
| Date: |
18 Apr 2006 09:31:07 AM |
| Object: |
California Supreme Court Sinks Sea Scouts Case |
California Supreme Court Sinks Sea Scouts Case
A city government may deny benefits to a branch of the Boy Scouts because
of the group's refusal to adhere to anti-discrimination policies, the
California Supreme Court has ruled.
In a March 9 unanimous ruling, the court concluded that Berkeley did not
violate the constitutional rights of the Sea Scouts, an affiliate of the
Boy Scouts, when it denied the organization free berths in the city's
marina.
The Sea Scouts sued the city in the late 1990s after free berthing rights
at the Berkeley Marina were discontinued because the group discriminates
against gays and atheists. The Sea Scouts, represented by the Pacific Legal
Foundation, sued the city, arguing that its free speech and association
rights had been violated.
Ruling in Evans v. City of Berkeley, the state's high court sided with
Berkeley's anti-discrimination policy.
"We agree with Berkeley and the Court of Appeal that a government entity
may constitutionally require a recipient of funding or subsidy to provide
written, unambiguous assurances of compliance with a generally applicable
nondiscrimination policy," wrote Justice Kathryn Mickle Werdegar. "We
further agree Berkeley reasonably concluded the Sea Scouts did not and
could not provide assurances because of their required adherence to the
BSA's [Boy Scouts of America] discriminatory policies."
An attorney for the Pacific Legal Foundation told the Contra Costa Times
that an appeal to the U.S. Supreme Court is under consideration.
SOURCE: AU Bulletin, Church & State, Vol. 59 No. 4, April 2006 Americans
United monthly publication, p 21
***************************************************************
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the US and a couple from overseas as well]
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future;
facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good
many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the
plethora of radical Christian propaganda and lies that we find at
almost every media turn.
*****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.
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| User: "gamma-hydroxybutyrate" |
|
| Title: Re: California Supreme Court Sinks Sea Scouts Case |
25 Apr 2006 04:56:10 PM |
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|
wrote...
California Supreme Court Sinks Sea Scouts Case
A city government may deny benefits to a branch of the Boy Scouts because
of the group's refusal to adhere to anti-discrimination policies, the
California Supreme Court has ruled.
In a March 9 unanimous ruling, the court concluded that Berkeley did not
violate the constitutional rights of the Sea Scouts, an affiliate of the
Boy Scouts, when it denied the organization free berths in the city's
marina.
The Sea Scouts sued the city in the late 1990s after free berthing rights
at the Berkeley Marina were discontinued because the group discriminates
against gays and atheists. The Sea Scouts, represented by the Pacific Legal
Foundation, sued the city, arguing that its free speech and association
rights had been violated.
I like the decision. The Scouts claim their free speech and association
were violated, but they can still meet wherever they want and discriminate
against whomever they choose, they just can't expect the city to pay for
it. I'd like to berth my yacht at the marina for free and host big Nazi
parties on board, but the city won't give me free berthing and will expect
me to pay for it. After I pay my rent, while I'm sure the city will still
disapprove, I can hold all the Nazi parties I want and there's nothing
they can do about it.
Has the Sea Scouts explained why they believe public tax revenue from the
general public should be used to subsidize their discriminatory organization
that does not serve the general public?
.
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