Curran v. Mount Diablo Council of the Boy Scouts of America

Curran v. Mount Diablo Council of the Boy Scouts of America, 17 Cal.4th 670, 952 P.2d 218, 72 Cal.Rptr.2d 410 (1998), was a landmark case which upheld the right of a private organization in California to not allow new members on the basis of their sexual orientation.[1] Its companion case was Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998).

Curran v. Mount Diablo Council of the Boy Scouts of America
Seal of the Supreme Court of California
Supreme Court of California
Decided March 23, 1998
Full case nameTimothy Curran v. Mount Diablo Council of the Boy Scouts of America
Citation(s)17 Cal.4th 670, 952 P.2d 218, 72 Cal.Rptr.2d 410 (1998)
Case history
Prior historyJudgment affirmed, 147 Cal.App.3d 712, 195 Cal. Rptr. 325 (1983)
Holding
The Boy Scouts of America are not considered a "business establishment" and do not fall under the provisions of California's Unruh Civil Rights Act. Decision of the Court of Appeal is affirmed.
Court membership
Chief JusticeRonald M. George
Associate JusticesStanley Mosk, Joyce L. Kennard, Marvin R. Baxter, Kathryn Werdegar, Ming Chin, Janice Rogers Brown
Case opinions
MajorityGeorge, joined by Kennard, Baxter, Chin
ConcurrenceMosk
ConcurrenceKennard
ConcurrenceWerdegar
ConcurrenceBrown
Laws applied
Unruh Civil Rights Act (Cal. Civil Code § 51)

Background

In 1980, eighteen-year-old Tim Curran, an Eagle Scout, applied to be an assistant Scoutmaster in the Mount Diablo Council Boy Scouts of America. Members of the Boy Scouts of America, however, had recently learned that Curran was gay after reading an Oakland Tribune article on gay youth which featured an interview with Curran. Based on his sexual orientation, the Boy Scouts of America refused to allow Curran to hold a leadership position in their organization.

Curran sued in 1981, alleging that the Boy Scouts of America's membership requirements amounted to unlawful discrimination under California's Unruh Civil Rights Act, which required "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments".

Decision

This case was ultimately decided in 1998, when the California Supreme Court ruled in favor of the Boy Scouts of America. The court held that because the Boy Scouts of America was not considered a "business establishment" under the Unruh Civil Rights Act, it could not be required to change its membership policies so as to include homosexuals.

Psychiatrist and lawyer Richard Green was co-counsel for Curran.[2]

References
  1. "Timothy Curran v. Mount Diablo Council of the Boy Scouts of America" (PDF). Supreme Court of California. March 23, 1998. Retrieved March 10, 2021.
  2. West, Donald James; Green, Richard (1997). Sociolegal Control of Homosexuality: A Multi-nation Comparison. New York: Plenum. p. 152. ISBN 0-306-45532-3.


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