The Supreme Court misinterpreted this clause to mean the Bill of Rights when it was addressing an argument by the majority Justices in Dred Scott v Sandford that referred to the clause in Article IV Section 2 that goes “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” That is just another case of legislating from the bench.

Even when the Fourteenth Amendment is involved, the federal courts can not legally step in until Congress makes a law according to section 5 of the Fourteenth Amendment.

It must be nice to be able to rewrite the law anytime five can agree. It is a lot more efficient than Congress and you don’t have to listen to the pesky objections of the peons (people).

True, but… the contract was established in late 30’s, formalized in 1945 and 1969.

The Sea Scouts honored that contract without deviation. The city of Berkeley was willing to honor the contract, The Waterfront Commission recommended the city council continue the Sea Scouts’ free berths.The city manager, however, recommended the council discontinue the free berths.

The Court said… Girls as well as boys participate, and the Sea Scouts have never actually discriminated against anyone on the basis of sexual orientation or religion.

Court Decision

It all came down to the city attempting to force the Sea Scouts to change their policy.

So, the way I see it… the city entered into a contract, broke the contract and punished the Sea Scouts for violating something they didn’t and wasn’t part of the contract to begin with.

The U.S. Constitution does not apply to state or local governments.

You and I know that is the way the founders intended it, but then came the 14th Amendment.

That would be considered a contract between the city government and the boy scouts and as such the city is allowed to set the terms.

In every case I can think of the Supreme Court has favored the government. One case is when several law Universities sued the federal government over the Don’t Ask, Don’t tell policy.

This is one the people of the local community will either choose to solve by removing local politicians or tolerate by allowing them to stay.

The Boy Scouts are a powerful organization if they want to get people to vote. I wonder if they will flex that muscle.

The same one the federal government uses in these cases.

What a sad state of affairs this is, when an organization like the Boy scouts which promotes individual accountability, honesty, and integrity can be so openly discriminated against.

Which definition of “descrimination” are you using?