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Press Release 

San Diego, March 17, 2004 -- Desert Pacific Council was surprised and disappointed to learn yesterday that the District Court in San Diego denied the Department of Justice's request to file a friend-of-the-Court brief in Barnes-Wallace v. Boy Scouts of America.  The brief included with the Department’s request to the Court resoundingly supported Boy Scouts' view of its constitutional rights in that case.

The Court held, among other things, that the Civil Rights Division of the Department of Justice did not "possess[] unique information or perspective," despite the Department having expressed the strong interest of the United States government in upholding First Amendment and Equal Protection principles of the Constitution.  In the brief, the Civil Rights Division of the Department of Justice argued that “the lease between the Boy Scouts and the City governing development and operation of the YouthAquaticCenterdoes not violate the Establishment Clause."

The Court found "the United States' interests in this litigation to be insufficient to warrant the grant of leave to file an amicus brief."

The Court is expected to decide the Boy Scouts’ and plaintiffs’ cross motions for summary judgment on or after April 5.

Copyright 2006 on behalf of the Boy Scouts of America