Court rejects "imposed second-class status" of atheists.

Jim Downey's picture

So, gay? Atheist? Just in favor of the separation of Church and State?

Then have a smile:

Conservatives on 9th Circuit Can't Rescue Boy Scouts From Establishment Clause Claim

Conservatives on the 9th U.S. Circuit Court of Appeals couldn't muster enough votes to rescue the Boy Scouts from the riptide of an Establishment Clause claim.

The court denied en banc review Tuesday to a San Diego-based Boy Scouts group in a case that raises tough church-and-state questions (pdf). The appeal drew a wide range of amici: the Justice Department's Civil Rights Division and a group of states -- including Texas and South Dakota -- sided with the Scouts, while California filed for the plaintiffs.

A pair of couples, one lesbian and another agnostic, challenged a lease the Scouts signed with the city of San Diego allowing them to operate recreational facilities on park land. They said the deal violated the Establishment Clause because of the Scouts' professed reverence of God. In addition, they said they were averse to using the facilities because of the Scouts' stated policy of excluding gays and atheists."

I loved this quote in particular:

"Just as African-Americans could ride on Montgomery's buses, but not in the front, the Scouts permit plaintiffs to make use of Camp Balboa and the Mission Bay Park Youth Aquatic Center, but do not allow them to be members of their organization and participate in the activities conducted at the camps for members," Berzon wrote. "In either case, use of a valuable public facility is made contingent on acceptance of imposed second-class status within a controlling organization's social hierarchy."

Yay! Happy New Year!

Jim Downey

HT to ML!

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Hank Fox's picture

Huh?

Why do you people hate America so much?

(Common sarcastic joke among my former newspaper coworkers.)

Jim Downey's picture

Obviously,

because we hate God.

Jim Downey

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Like Science Fiction? Read *or listen to* my novel, Communion of Dreams, for free.

Hank Fox's picture

Ha!

Thanks, Jim. I'm still chuckling.

Brent Rasmussen's picture

I'm Floored

I had given up on this months ago. I didn't think it had a snowball's chance in Arizona of actually being decided in favor of the constitution.

That is really cool. :)

vjack's picture

good news

It is nice to have some good news for a change, and I think this qualifies. Thanks for posting this.

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