9th Circuit Stays Proceedings In Boy Scouts Case Pending High Court Actions

Yesterday in Barnes-Wallace v. City of San Diego, (9th Cir., May 15, 2009), the U.S. 9th Circuit Court of Appeals issued an order staying further proceedings in the long -running case that challenges the constitutionality of San Diego's leasing of city property at nominal rents to the Boy Scouts. The 9th Circuit issued the stay pending the final determination of a petition for certiorari pending with the US Supreme Court in the case and pending a decision by the Supreme Court in Buono v. Salazar, another religion case it is scheduled to hear next term. Most recently in Barnes-Wallace, the California Supreme Court denied the 9th Circuit's request that it decide three questions of law certified to it in the case. [Thanks to Bob Ritter for the lead.]