Cert. Denied In Boy Scouts Case

The U.S. Supreme Court today denied certiorari in Boy Scouts of America v. Barnes-Wallace, (Docket No. 08-1222, May 3, 2010). (Order List). The long -running case challenged the constitutionality of San Diego's leasing of city property at nominal rents to the Boy Scouts. (See prior posting.) The challenge turned on the scout's exclusion of atheists, agnostics, and homosexuals as members or volunteers and its requirement that members affirm a belief in God. Challengers claimed the Scouts are a religious organization. (See prior posting.) Presumably the Court's long delay in deciding whether to grant review of the 9th Circuit decision stemmed from the fact that the decision in Salazar v. Buono, a case also involving an Establishment Clause challenge to governmental leasing of property to a private organization, might have resolved the issue here. (See prior posting.) However ultimately the recent fragmented disposition in Salazar (see prior posting) gave little guidance on the question posed by the lease to the Boy Scouts. AP reports on the denial of cert.