From Res:

The California First District Court of Appeal is set to hear oral arguments on Berkeley's policy of singling out the Sea Scouts for punishment because of their affiliation with the Boy Scouts and the Boy Scout policy against admitting atheists and acknowledged homosexuals. Pacific Legal Foundation has submitted a brief in defense of the Scouts' First Amendment right to be free from Berkeley's punitive action. A PLF discussion of the case will be carried on the Morning Show of San Francisco's KSFO (am 560), on Monday, November 18 at 7 a.m.

Berkeley has been singling out the Sea Scouts for punitive treatment since 1998, when it started to charge the group to dock boats at the Berkeley marina -- explicitly because of their affiliation with the Boy Scouts, and the Boy Scouts' refusal to admit acknowledged homosexuals or atheists. No other nonprofit is subject to this fee. If the Sea Scouts had signed a loyalty oath to Berkeley's nondiscrimination code, they could have continued to use the marina free -- as any other nonprofit is allowed to do. But they've refused to surrender their constitutional First Amendment right to live by their own principles.

Should be an interesting case. As a Boy Scout myself, I'd prefer for local municipalities to stay out of the ongoing internal struggle between the asshole Texas headquarters that enforces rules like this and decentralized troops that understand flexibility. It is not helpful when the HQ and their Conservative allies can turn the struggle into a freedom of speech issue. It gets the courts and wavering civil libertarians behind them.Email This Post!