Ninth Circuit -- BARNES-WALLACE, ETAL V. BOY SCOUTS OF AMERICA

As plaintiffs had intention to use facilities leased by the state to the Boy Scouts, they have standing to challenge the lease under state & federal constitution.

Lease does not violate California Constitution as the religious aspect is incidental to the Scouts' use of the land.

No violation of Establishment clause, as, given the many leases to secular organizations, a reasonable observer would not conclude that the state was engaging in religious activity.

No Equal Protection violation, as the Scouts were treated equally.

No contractual claim, as the plaintiffs did not attempt to use any of the facilities specifically mentioned by the contract.


BARNES-WALLACE, ETAL V. BOY SCOUTS OF AMERICA