Source: American Civil Liberties Union

http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=14694&c=100

On January 8, 2004 the American Civil Liberties Union issued a press release that reported, "The American Civil Liberties Union of San Diego and Imperial Counties today announced a settlement with the City Council here in its 2000 lawsuit challenging the city’s subsidy of the Desert Pacific Boy Scout Council through preferential leases for public land in Balboa Park and Fiesta Island Aquatic Park. In July 2003, Federal District Court Judge Napoleon Jones ruled that the Balboa Park lease violates First Amendment guarantees of separation of church and state...The lawsuit was filed on behalf of two San Diego families, the Breens and the Barnes-Wallaces. The Breens are agnostics who are unsure of the existence of God and who do not participate in organized religion. They have a son, Maxwell, who is nine years old. The Barnes-Wallaces are a same-sex couple with a 10-year-old son, Mitchell. Both families are avid users of Balboa Park, except the portion of the park under Boy Scout control. Their sons would like to be Scouts, but cannot join...Even if the boys were able to avoid taking the Scout oath or, in Mitchell’s case, revealing his parents’ sexual orientation, each time the boys participated in Scouting activities they would be reminded that their families are considered unfit by Boy Scout standards and, by extension, by the City of San Diego. The ACLU lawsuit challenged the city’s financial subsidy of these policies."