Refusal to Subsidize Scouting Is Upheld (Cal SC)

[brooklynite]

SAN FRANCISCO — California may refuse to provide subsidies to the Boy Scouts of America and other nonprofit groups that fail to comply with government antidiscrimination policies, the California Supreme Court ruled unanimously Thursday.

The state high court's decision gives cities and government agencies the ability to impose antidiscrimination conditions on any group that receives a public benefit. The ruling was one of a handful across the country in which courts have permitted government agencies to exclude the Boy Scouts from programs because the Scouts bar gays and atheists.

In a ruling written by Justice Kathryn Mickle Werdegar, the court upheld a decision by the city of Berkeley to end a decades-long tradition of providing free berthing at a city marina to the Sea Scouts, an affiliate of the Boy Scouts.

...snip...

"A government entity may constitutionally require a recipient of funding or subsidy to provide written, unambiguous assurances of compliance" with an antidiscrimination policy, Werdegar wrote. The requirement does not violate free speech rights because "to condition a public benefit on assurances of nondiscrimination is not to compel advocacy of a viewpoint," the court said.

http://www.latimes.com/news/local/la-me-scouts10mar10,1,4467970.story?coll=la-headlines-california
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Darn those activist judges......refusing to provide public support for organizations that violate public laws...where will it end?

[sinkingfeeling]

1. I'll put money on it, that the BSA will try to take this to the SCOTUS.

[rodeodance]

3. and SCOTUS ruled this week that schools had to let miliary regruit even

with they don't ask don't tell policy.

Could be trouble for California

[Mithras61]

6. The SCOTUS ruling was...

IF you receive Federal funds, THEN you must allow recruiting. The solution there is simple... don't accept Federal funds if you don't want recruiters. Watch the students scream when their tuition & fees skyrocket...

This is a different animal entirely (and no matter WHAT anyone says, the BSA is NOT a quasi-military organization - when was the last time YOU got to elect your Battalion Commander?).

[brooklynite]

7. Actually, that's an endorsement of the Cal court ruling...

The SC said, if you take Gov money, you have to abide by Gov rules...

[shoelace414]

2. what is their argument?

We are a non profit.. so you HAVE TO GIVE US MONEY.

This is pretty much what the feds are doing to the states. "We can't tell you what you have to do, but if you don't do it, We'll cut the purse strings"

[Mithras61]

4. Good on 'em...

Any one receiving public funds or assistance of any sort should be held to the same standards. If you want to be a "private" club, even one that theoretically provides public benefit (and with Boy Scouts of America, that point is hotly debated), you should have to pay your own way. Scout troops, teams, crews, etc. that enjoy benefits of using public facilities or funding from public sources should adhere to the appropriate laws governing public entities. I even have reservations about the use of public facilities like schools (if we let BSA use it for free, where do we draw the line on what clubs or organizations are acceptable?).

I believe that the Boy Scouts teaches lots of good and useful skills to boys, ranging from soft skills like self-confidence & leadership abilities to hard skills such as tying a sheep shank (I know... what good is a sheep shank except for proving you're a boy scout... I saw "Follow Me, Boys" too) and building & maintaining a field camp. I disagree vehemently with their policies on gays & religious afiliation requirements, though.

[Jayhawk Lib]

5. Boy Scouts have done far more

good then harm. I do not agree one bit with all of this Boy Scout bashing. Is the organization perfect??? No it is not. It is run by people and we all have some flaws. But in all respects the good by far outweighs the bad....

[stopbush]

8. Sorry, but you're wrong.

You can stack all of the "good" the BSA does on one side of the scales...and it is totally outweighed by
the discrimination they practice against gays.

Every so often, some Scout mom at my son's school will ask me if I'd like to have him join the scouts.
My standard answer is, "do you still discriminate against gay people?" There's usually a "well, I don't
discriminate..." BS answer...to which I reply, "then why do you support a group that has a stated policy
of discrimination?"

BTW - I've launched this tirade in group situations as well.

The BSA discriminating against gays is no different than it would be if they discriminated against blacks
or evangelical Xtians. No one would sit still for that in these days, but you'll sit there and actively
support and endorse open discrimination against gays because - sadly - it's still acceptable in our
society to do so.

That's a lesson that speaks much more loudly to any child than how many knots they can tie.

You should be ashamed of the BSA...and yourself, for that matter.

[Hell Hath No Fury]

9. The Girl Scouts do not descriminate....

against gays and lesbians -- just how hard is it for the Boy Scouts to do the same???

San Francisco does not fund the Salvation Army because of its desciminatory practices against gays and lesbians. I fully support that, as I do the CA court ruling.

[AX10]

10. Good. BSA are a bunch of right wing bigots.

Their demise will be another step in the progress of humanity.

[dogfacedboy]

11. I can hear the whining already.

Activist Judges! Activist Judges! WaaaWaaaWaaaa!