Monday, October 16, 2006

Cert. Denied In Scouts' Suit Against Berkeley Non-Discrimination Policy

On Monday, the U.S. Supreme Court, after agreeing to permit several groups to file amicus briefs, denied certiorari in Evans v. City of Berkeley, (No. 06-40). In the case, the California Supreme Court had upheld the right of a city to suspend free use of its marina by the Sea Scouts (a Boy Scout affiliate) because the scouts refused to confirm that they would not discriminate against gays and atheists. (See prior posting.) The Los Angeles Times, covering the denial of cert., reported "Some conservative groups had joined the challenge to the Berkeley policy, saying that advocates of 'traditional moral values' were being subjected to discrimination nationwide by 'politically correct' government officials." Here are the full amicus briefs filed by the United States Justice Foundation, and by the Boy Scouts of America. [Thanks to Steven H. Sholk for the lead.]