Government Subsidy of Boy Scouts?

[JMH ACLJ]

Andrew Koppelman wrote:

<< The lease would certainly make the Scouts' discrimination state action
under Burton v. Wilmington Parking Authority.  That case involved a state
leasing space (at market rates, evidently) to a restaurant that refused to
serve blacks.  The Supreme Court said that the discrimination was state
action, hence prohibited by the fourteenth amendment.  >>

It has been many years, however, since the Burton Supreme Court sat.  Although
the decision has not been overturned subsequently, I doubt it is going to
cited as a principal authority for any sea change the Court wishes to shove
down the throats of those of us in the Great Unwashed of America.

Jim Henderson
Senior Counsel
ACLJ