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BARNES-WALLACE v. BOY SCOUTS OF AMERICA

No. 00-CV-1726-J(AJB).

275 F.Supp.2d 1259 (2003)

Lori & Lynn BARNES-WALLACE, et al., Plaintiffs, v. BOY SCOUTS OF AMERICA, et al., Defendants.

United States District Court, S.D. California.

July 31, 2003.

Attorney(s) appearing for the Case

Jordan Charles Budd, ACLU Foundation of San Diego and Imperial Counties, Mark Danis, M. Andrew Woodmansee, Shannon M. Dailey, Morrison & Foerster LLP, M.E. Stephens, Stock & Stephens LLP, San Diego, CA, for Mitchell Barnes-Wallace, Maxwell Breen, plaintiffs.

John Peter Mullen, Office of the City Attorney, Civil Division, San Diego, CA, Theresa A Kristovich, Hughe,s Hubbard and Reed, Los Angeles, CA, George A. Davidson, Carla A. Kerr, Hughes, Hubbard and Reed, New York City, Scott H. Christensen, Hughes, Hubbard and Reed, Washington, DC, for City of San Diego, Boy Scouts of America — Desert Pacific Council, defendants.

ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT

JONES, District Judge.

In 2000, the Boy Scouts of America prevailed in its efforts to exclude from its membership an accomplished assistant scoutmaster because he identified himself as gay in public at a non-Scouting event. The United States Supreme Court held that the Boy Scouts of America, as a private, expressive organization, had a federal constitutional right to...

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