San Diego's Preferential Treatment of Boy Scouts is Unconstitutional

April 14, 2004

Source: The American Civil Liberties Union

On April 14, 2004 The American Civil Liberties Union reported, "Addressing the last outstanding issues in a lawsuit challenging the constitutionality of exclusive preferential leases for the Boy Scouts, a federal district court has found that the lease for the Boy Scouts’ free use of aquatic parkland on City-owned Fiesta Island is unconstitutional... The lawsuit was brought by the ACLU of San Diego and Imperial Counties, ACLU cooperating law firm Stock Stephens LLP and their co-counsel Morrison & Foerster on behalf of an agnostic couple and a lesbian couple. The court said the city had violated the constitutional requirement of separation of church and state by granting these preferential and exclusive arrangements for use of public resources to the Boy Scouts, a self-described religious organization that discriminates on the basis of religious belief and sexual orientation."