holding that the Unruh Act does not prohibit Boy Scouts from excluding plaintiffs from membership or participation because of plaintiffs’ refusal to participate in the religion-based elements of the scout program
How later courts described this case
- holding that the Unruh Act does not prohibit Boy Scouts from excluding plaintiffs from membership or participation because of plaintiffs’ refusal to participate in the religion-based elements of the scout program
- reciting that, in defending its right to exclude atheists, the Boy Scouts introduced “evidence intended to establish that requiring the inclusion of nonbelievers ... would interfere with the organization’s ef *1042 forts to convey its religious message”
Written by the judges who cited it.
The opinion
KENNARD, J., Concurring.
I join in the Chief Justice’s majority opinion in this case for the reasons expressed both in the majority opinion and in my concurring opinion in the companion case of Curran v. Mount Diablo Council of the Boy Scouts (1998) 17 Cal.4th 670 [ 72 Cal.Rptr.2d 410 , 952 P.2d 218 ].