Lawyers argue that Boy Scouts deserve space at San Diego parks
By PAUL CHAVEZ, Associated Press Writer
Last Updated: February 14, 2006, 07:15:24 PM PST
LOS ANGELES (AP) - An attorney for the Boys Scouts of America and a lawyer from the Bush administration's Justice Department told an appellate court panel Tuesday that a lower court erred when it ruled that San Diego was promoting religion by granting the youth organization long-term leases to city parklands.
George Davidson, an attorney for the Boy Scouts, said the group has no theology and only holds the position that children should "do duty to God" in order to become productive citizens. The organization has few references to religion in its manual and has a practice of "punting it back to parents and religious leaders" when it comes to religious matters, Davidson told the court.
Eric Treene, a Justice Department lawyer in the Civil Rights Division, told the three-judge panel of the 9th Circuit Court of Appeals that the Scouts have a nondiscrimination policy when it comes to who can use its space and the city has more than 120 leases with other groups who use park areas in exchange for maintenance and improvements.
The Boy Scouts has been the target of preferential treatment lawsuits since the U.S. Supreme Court in June 2000 ruled that the organization has a constitutional right to exclude openly gay men from serving as troop leaders and because it compels members to swear an oath of duty to God.
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