This is the basic of what’s Constitutional and what is Political "Correctness", in other words, Political Discrimination being disseminated by Left Wing Groups like the DNC, ACLU, Soros funded Non-Profits is unconstitutional.. The basics of Discrimination is racism (discriminate based upon a person's skin color or ancestry), Whether the discrimination is based upon a person's skin, political beliefs, religious beliefs, or any other "Thought", that is "Thought Control" and the Democrat Party and the Left-wing of the political spectrum is very good with practicing discrimination and then blaming their enemies for their own actions..

The Pacific Legal Foundation is taking this case all the way to the Supreme court. They claim that the Liberals inhibiting the government are discriminating against the Sea Scouts because of their affiliation with the BSA (Boy Scouts of America) and the BSA's right of association guaranteed to them under the US Constitution, the City of Berkeley has violated their 1st amendment and 14th Amendment rights under the Constitution:

The First Amendment to the United States Constitution
provides in pertinent part, “Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech . . . .”

The Fourteenth Amendment, Section 1, of the United
States Constitution provides in pertinent part, “No state
shall . . . deny to any person within its jurisdiction the equal
protection of the laws.”

Liberals, do not want the United States Constitution to be enforced or defined accurately, they want it to say "No religion allowed anywhere" and the 14th Amendment to say "Only associate with groups we certify as acceptable and no other". This is what they call having a "Living Constitution".

It's tyranny in any other definition.

Heads up to Stop the ACLU for this and to the Pacific Legal Foundation for their work protecting our Constitutional rights from Anti-American and Anti-Constitutional groups like the ACLU and Liberals in General.

You can read the Appeal to the US Supreme Court HERE


Press Release from the Pacific Legal Foundation:

Berkeley Sea Scout Decision Appealed to United States Supreme Court

Contact: Harold Johnson
Phone: (916) 419-7111

Sacramento,CA; July 11, 2006: Pacific Legal Foundation announced today that it has appealed to the United States Supreme Court to review and reverse the California Supreme Court’s decision allowing the City of Berkeley to discriminate against the Berkeley Sea Scouts, because of their affiliation with the Boy Scouts of America.

Berkeley operates a program for community-oriented nonprofit organizations that allows them free use of the Berkeley Marina. However, Berkeley prohibits the Berkeley Sea Scouts from participating in this program, because the Sea Scouts are affiliated with the Boy Scouts of America and Berkeley officials hold ideological objections to the values and membership policies of the Boy Scouts of America. Berkeley has never identified a single exclusionary act by the Sea Scouts; it is barring them from the program for nonprofits solely because of their ties with the Boy Scouts.

In a March decision, the California Supreme Court upheld Berkeley’s policy of denying the Sea Scouts access to the berthing program for nonprofits.

Representing the skipper of the Berkeley Sea Scout program, Pacific Legal Foundation attorneys have appealed the California Supreme Court’s ruling to the United States Supreme Court.

"Berkeley is penalizing the Sea Scouts for exercising their First Amendment right of association in ways that city officials don’t like," said PLF attorney, Harold Johnson, co-counsel in the case. "May government punish you, or fine you, or subject you to second class treatment if you don’t pass a politically correct litmus test? That’s the question raised by this case. It’s a question that deserves to be heard by the United States Supreme Court."

The Berkeley Sea Scouts is a multi-ethnic group whose members come from all economic backgrounds. Berkeley’s exclusion of the Sea Scouts has imposed financial hardships on the organization. The monthly berth fee of more than $500 that the Sea Scouts must pay has led to cutbacks in programs and less financial assistance available for kids from poor families.

"The bottom line is that Berkeley officials are punishing the kids that participate in the Sea Scouts to make a political statement, and that’s a real tragedy," Johnson said.

For 50 years, the Sea Scouts have taught Bay Area kids to sail, and learn carpentry and plumbing by working on the Scouts’ ship in the Berkeley Marina. Like other local nonprofits, Berkeley allowed the group to berth at the marina for free. But in 1998, Berkeley officials demanded the group sever its affiliation with the Boy Scouts. Berkeley officials were retaliating against the Boy Scouts because of the BSA’s traditional values and membership policies—even though those policies are protected by the First Amendment, according to the United States Supreme Court.

When the Sea Scouts declined to sign a statement of policy that would have had the effect of ending their lifelong relationship with the Boy Scouts, Berkeley halted its half-century tradition of granting the Sea Scouts a free berth and began charging the group a $500 a month fee.

As things stand, while some minority, low-income Sea Scouts members have had to drop out of the popular youth program because its finances are strapped, free berthing has been allowed for other groups, including the Berkeley Yacht Club, the Cal Sailing Club, and the Nautilus Institute.

PLF attorneys argued to the state Supreme Court that Berkeley’s fee amounts to fining the Sea Scouts for exercising First Amendment freedoms, specifically the Sea Scouts’ right to associate with the Boy Scouts of America. As Justice Roger Traynor of the California Supreme Court wrote in a famous freedom-of-expression case (Danskin v. San Diego Unified School District (1946)), once government creates a program or facility for the public, "it cannot demand tickets of admission in the form of convictions and affiliations that it deems acceptable."

"Although enunciated in a state court case, the principle voiced by Traynor is consistent with the United States Supreme Court’s cases defending First Amendment rights," said PLF’s Johnson. "For this reason, we hope that the High Court will accept the case and right the wrong being done to the Berkeley Sea Scouts."

About Pacific Legal Foundation
Pacific Legal Foundation is the oldest and largest public interest legal organization dedicated to property rights, balanced environmental policy, and limited government.


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