Boy Scouts 'a religion'?
Attorneys for group battle agnostics over lease of public land
Posted: February 16, 20061:00 a.m. Eastern
By Rees Lloyd

Arguments in a major Boy Scouts case unfolding in Pasadena, Calif., before a three-judge panel of the Ninth Circuit Court of Appeals – a case that is certain to be headed for the Supreme Court -- centered on the contention that the revered organization is actually a religion and should therefore not be given a lease of public land.

The case was brought by self-declared agnostics Lori and Lynn Barnes-Wallace and Michael and Valerie Breen, along with a son of each, in protest of a lease of parkland in Balboa Park and Fiesta Island by the city of San Diego to the Boy Scouts of America.

The agnostics sued the city on a claim that the lease to the Boy Scouts – out of more than 100 leases, including to the YMCA, a number of Jewish groups, one of which conducts Sabbath services on parkland, and the Girl Scouts – violates the Establishment of Religion Clause of the First Amendment, and that they are suffering "inferior usage" thereby because they don't want to have to apply for permits, or pay usage fees, to the BSA. The case is Barnes-Wallace, et al. v. Boy Scouts of America, Nos. 04-55732, 04-56167. The rest