A lesbian couple and an agnostic couple in San Diego have legal standing to sue the Boy Scouts to force the group to stop using prime city land for camping and other scouting activities.
The US Supreme Court on Monday let stand an earlier ruling by the Ninth US Circuit Court of Appeals, which sided with the two couples. The couples object to Boy Scout policies that exclude boys and adults who are atheists, agnostics, or homosexuals.
In refusing to take up the Boy Scouts’ appeal, the high court action returns the case to the San Francisco-based Ninth Circuit.
The action follows last week’s high court decision in a similar case involving objections to an eight-foot-tall cross on public land in the Mojave National Preserve.
In that case, the court found that a former National Park Service employee had a legal right to file a lawsuit challenging the presence of the cross on public land as an unconstitutional endorsement of religion by government.
http://news.yahoo.com/s/csm/20100503/ts_csm/298761_1That decision was not on the merits of the case, just on standing.