9th Circuit Again Certifies Issues To California High Court In Boy Scout Case

The complex journey through the courts continues in a challenge to the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The challenge turns on the scout's exclusion of atheists, agnostics, and homosexuals as members or volunteers and its requirement that members affirm a belief in God. In December 2006, the 9th Circuit in the Barnes-Wallace v. Boy Scouts of America certified three questions of California state constitutional law to the California Supreme Court. (See prior posting.) In response, the Boy Scouts filed a motion for a rehearing and en banc review. (See prior posting.) Yesterday, the 9th Circuit (full text) granted a panel rehearing, withdrew its 2006 certification order and issued a new certification order certifying the same questions. As before, the order is accompanied by an opinion, a concurrence and a dissent (full text).