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Supreme Court declines to hear Lesbian couple's suit against Boy Scouts

A lesbian couple and an agnostic couple are suing to prevent the Boy Scouts from using public land. The Supreme Court refused to hear an appeal in the case, which returns to the Ninth Circuit.

Boy Scouts carried US flags during a march in Sacramento, Calif., to celebrate the youth group's first 100 years on Oct. 24, 2009. The organization is currently involved in a legal dispute with two couples in San Diego, who argue that the Boy Scouts are a religious group and should not be allowed to use city land. The US Supreme Court on Monday declined to hear an appeal from the Boy Scouts.

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A lesbian couple and an agnostic couple in San Diego have legal standing to sue the Boy Scouts to force the group to stop using prime city land for camping and other scouting activities.

The US Supreme Court on Monday let stand an earlier ruling by the Ninth US Circuit Court of Appeals, which sided with the two couples. The couples object to Boy Scout policies that exclude boys and adults who are atheists, agnostics, or homosexuals.

In refusing to take up the Boy Scouts’ appeal, the high court action returns the case to the San Francisco-based Ninth Circuit.

The action follows last week’s high court decision in a similar case involving objections to an eight-foot-tall cross on public land in the Mojave National Preserve.

In that case, the court found that a former National Park Service employee had a legal right to file a lawsuit challenging the presence of the cross on public land as an unconstitutional endorsement of religion by government.

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