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“It is disappointing that the Supreme Court did not take this opportunity to reverse an outrageous example of how homosexuals use the powers of government to discriminate against an outstanding youth group in order to force compliance with their worldview on sex, marriage and religion.”
Thomas More Law Center Decries Supreme Court Refusal To Review Decision Penalizing Sea Scouts For Policy Excluding Gays And Atheists
ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, expressed its disappointment that last week the United States Supreme Court declined to review a California Supreme Court decision allowing the City of Berkeley, CA to deprive the Sea Scouts of free berthing privileges given to other nonprofit organizations because the Sea Scouts refused to repudiate their association with the Boy Scouts of America and its policy requiring exclusion of gays and atheists.
The Sea Scouts are a public service organization that serves local youth by teaching them to sail and learn other skills such as carpentry and plumbing. It is associated with the Boy Scouts of America and must abide by BSA’s policy excluding gays and atheists.
The Law Center had filed a friend of the court brief urging the U.S. Supreme Court to review the case of Evan v. City of Berkeley. The Law Center’s brief argues that Berkeley’s decision to strip the Sea Scouts of a benefit extended to other public service organizations because the City disagrees with BSA’s policy places an unconstitutional condition on receipt of public benefits that violates the First Amendment.
Patrick T. Gillen, the Thomas More Law Center attorney who authored the brief, observed that Berkeley’s policy is a blatant effort to penalize the Sea Scouts for an exercise of their First Amendment rights. “The Supreme Court’s decision lets a truly tragic injustice stand. In this case militant homosexual activists have victimized the underprivileged in a vindictive effort to punish anyone associated with the Boy Scouts of America.”
The United States Supreme Court, in Boy Scouts of America v. Dale, recognized that the Scout’s policy was an exercise of expressive association protected by the First Amendment. In the aftermath of Dale, the City of Berkeley demanded that the Sea Scouts repudiate its association with BSA’s policy and, when the Sea Scouts’ failed Berkeley’s litmus test, the City stripped the Sea Scouts of the free berth extended to public service organizations. The California Supreme Court rejected the Sea Scout’s claim that Berkeley’s decision to strip them of free berths violated their First Amendment right to expressive association.
Richard Thompson, President and Chief Counsel of the Law Center, commented, “It is disappointing that the Supreme Court did not take this opportunity to reverse an outrageous example of how homosexuals use the powers of government to discriminate against an outstanding youth group in order to force compliance with their worldview on sex, marriage and religion.”
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.
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