15 June 2010

Philly and the Boy Scouts go to court

An issue that has been brewing for a couple of years here in Philly is finally being heard in federal court this week. It has to do with the Boy Scouts' exclusion of gays and the city's resultant attempt (well justified, in my opinion) to discontinue the Scouts' free (actually $1/year) use of a city building.

Here is some history:

In 2000, the U.S. Supreme Court ruled that the Boy Scouts are a private organization, and are therefore entitled to bar whomever they want from their ranks. But Philadelphia doesn't want to subsidize the Scouts' bigotry. So, city officials notified the Scouts that they must denounce the organization's national policy against homosexuals, or pay market rate rent ($200,000 a year) for its headquarters on city-owned land, or find a new home.

In June of 2008, the city filed eviction papers, stating that the Scouts refused to comply with the city's nondiscrimination policies. The Scouts sued back, arguing that the city was violating the their constitutional rights. The Scouts pointed out that the city doesn't impose similar measures against religious organizations that use other city-owned properties.

And the whole thing has been tied up in red tape ever since.

Whatever the federal court decides in this week's trial, I have a feeling that the drama will continue, perhaps all the way to the U.S. Supreme Court (which would be especially interesting given the 2000 decision and the changes to the Court's judicial roster since then).

In any event, this case will certainly set an important precedent at some level. I just hope it's the right one.

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