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CURRAN v. MOUNT DIABLO COUNCIL OF THE BOY SCOUTS

Docket No. S039738.

17 Cal.4th 670 (1998)

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

Supreme Court of California.

March 23, 1998.

Attorney(s) appearing for the Case

COUNSEL

Jon W. Davidson, Mark D. Rosenbaum, Paul L. Hoffman, Richard H. Green, Beatrice Dohrn, Mei Lin Kwan-Gett and Taylor Flynn for Plaintiff and Appellant.

Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston, Karen Leaf, Ann Perrin Farina, Hedges & Caldwell, Mary Newcombe, Ian L. Kramer, Morrison & Foerster and Dennis M. Perluss as Amici Curiae on behalf of Plaintiff and Appellant.

Hughes, Hubbard & Reed, George A. Davidson, Carla A. Kerr, John Kralick IV and Lois Moonitz Jacobs for Defendant and Appellant.

Paul A. Hoffman as Amicus Curiae on behalf of Defendant and Appellant.

OPINION

GEORGE, C.J.

Plaintiff is a former Eagle Scout whose application to become an assistant scoutmaster was rejected by defendant, a regional council of the Boy Scouts of America, after plaintiff publicly stated that he is a homosexual and publicly expressed his commitment to communicating to others his view as to the acceptability and morality of homosexuality, a view defendant maintains conflicts with its official position that...

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