Unlike other nonprofit groups, a Boy Scout branch in Berkeley, Calif., must pay city marina fees for its boating activities because of the national organization's discriminatory policies, the California Supreme Court ruled on Thursday. Because the Boy Scouts of America bans gays and atheists from membership, the affiliated Berkeley Sea Scouts are not in compliance a 1997 nondiscrimination law and thus are not eligible for the fee waiver, the court ruled.
The group argued that the city's denial of the waiver violated free speech and freedom of association rights.
"What the California Supreme Court said was that private clubs can discriminate, but the taxpayers don't have to fund that discrimination," said Berkeley City Attorney Manuela Albuquerque.
The U.S. Supreme Court ruled in 2000 that the Boy Scouts of America can legally bar certain groups of people -- namely gays and atheists -- from joining.
The Anti-Defamation League (ADL), which filed an amicus brief in the case supporting the city of Berkeley, cheered Thursday's ruling.
"We are very pleased that the court delivered this blow to those who would discriminate and use the First Amendment to mask intolerance," said Jonathan Bernstein, ADL regional director. "The government has a responsibility to demand that a group it supports not discriminate, and the court did just that."
Scouting for All, a group dedicated to restoring "unbiased values of scouting," called the ruling "a victory for human rights."
Bob Bork, a spokesman for the Boy Scouts, told the Associated Press the ruling is "another in a continuing legal backlash against the Boy Scouts."
The Sea Scouts is a branch of the Boy Scouts that teaches skills in sailing, carpentry and plumbing to its members. The group pays $500 to berth one boat in the marina; the group moved two other boats because it could not afford the rent.
The Associated Press contributed to this report.