Dan Levin writes on the Recorder:
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. The district court agreed . . .
Lawsuits should only be available to plaintiffs with concrete injury, O’Scannlain wrote.
“Rather, the claim here is that the families are psychologically injured by the thought of associating with the Boy Scouts; they contend that they would be offended by the Boy Scouts’ views if they chose to use the parks,” he wrote. “This is an unprecedented theory.”
Related:
En Banc 9th Circuit refuses to rehear San Diego Boy Scout land lease case
