Mitchell BARNES-WALLACE; Maxwell Breen; Lori Barnes-Wallace; Lynn Barnes-Wallace; Michael Breen; Valerie Breen, Plaintiffs-Appellees,
v.
CITY OF SAN DIEGO, Defendant, and
Boy Scouts of America — Desert Pacific Council, Defendant-Appellant.
Mitchell Barnes-Wallace; Maxwell Breen; Lori Barnes-Wallace, Guardian Ad Litem; Lynn Barnes-Wallace, Guardian Ad Litem; Michael Breen, Guardian Ad Litem; Valerie Breen, Guardian Ad Litem, Plaintiffs-Appellants,
v.
City of San Diego; Boy Scouts of America — Desert Pacific Council, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 20, 2011.
Filed December 20, 2012.
Attorney(s) appearing for the Case
Mark W. Danis , Morrison & Foerster, LLP, San Francisco, CA; M. Andrew Woodmansee , Morrison & Foerster, LLP, San Diego, CA, for Plaintiffs-Appellants-Cross-Appellees.
John C. Eastman , Orange, CA, for Amicus Curiae Claremont Institute Center for Constitutional Jurisprudence.
Peter Ferrara , McLean, VA, for Amicus Curiae American Civil Rights Union.
Eric Alan Isaacson , Michelle M. Ciccarelli and Alreen Haeggquist , San Diego, CA; Rev. Silvio Nardoni , Glendale, CA; Susan Kay Weaver , El Cajon, CA, for Amici Curiae Social Justice Committee and Board of Trustees of the First Unitarian Universalist Church of San Diego; its Ministers, the Rev. Arvid Straube and the Rev. Julie Kain; its Director of Religious Education, Elizabeth Motander Jones; the Unitarian Universalist Legislative Ministry California; the Unitarian Universalist Association of Congregations.
Angela Sierra , Office of the Attorney General for the State of California, for Amicus Curiae State of California.
John H. Findley and Harold E. Johnson , Pacific Legal Foundation, Sacramento, CA, for Amici Curiae Pacific Legal Foundation and Veterans of Foreign Wars.
Paul A. Hoffman , Santa Ana, CA, for Amicus Curiae Individual Rights Foundation.
Opinion by Judge CANBY; Concurrence by Judge KLEINFELD.
United States Court of Appeals, Ninth Circuit.
OPINION
CANBY, Circuit Judge:
This appeal presents the primary question whether two leases of land by the City of San Diego to the Desert Pacific Council, a nonprofit corporation chartered by the Boy Scouts of America, violate provisions of the California or federal Constitutions relating to the Establishment of Religion or the denial of Equal Protection of the Laws. Additional issues concern claims that the Council's actions as lessee violate the San Diego...
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