Government Subsidy of Boy Scouts?
JMHACLJ at AOL.COM
Fri Mar 27 10:27:38 PST 1998
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.
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