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CURRAN v. MOUNT DIABLO COUNCIL OF THE BOY SCOUTS

Docket No. 66755.

147 Cal.App.3d 712 (1983)

195 Cal. Rptr. 325

TIMOTHY CURRAN, Plaintiff and Appellant, v. MOUNT DIABLO COUNCIL OF THE BOY SCOUTS OF AMERICA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

October 3, 1983.

Attorney(s) appearing for the Case

COUNSEL

Fred Oakrand, Susan McGreivy, Barry Copilow and George Slaff for Plaintiff and Appellant.

Hughes, Hubbard & Reed, Malcolm E. Wheeler and Carol A. Chase for Defendant and Respondent.

William M. Crosby as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

THOMPSON, J.

In this case we are called upon to determine whether the expulsion of a person from membership in the Boy Scouts on the basis of his homosexuality constitutes a violation of both the common law right of fair procedure and the Unruh Civil Rights Act (Civ. Code, § 51). We have determined that using the status of homosexuality as a basis of expulsion is substantively arbitrary and therefore violative of the...

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