Barnes-Wallace V. Boy Scouts of America

Barnes-Wallace v. Boy Scouts of America was a case involving the City of San Diego's relationship with the Boy Scouts of America.

Plaintiffs Lori and Lynn Barnes-Wallace, a lesbian couple, joined Michael and Valerie Breen, an agnostic couple, in suing the City of San Diego and the Boy Scouts of America. Both couples are the parents of Scout-aged sons, but had never tried to use the facilities.

The Boy Scouts of America have policies forbidding gays, atheists, and agnostics from participating in the organization. Since 1957, the City of San Diego has leased part of the city's Balboa Park to the Boy Scouts of America for the price of $1 per year. In 2000, the Breens and the Barnes-Wallaces, aided by the American Civil Liberties Union, sued the city, alleging that the lease was unconstitutional.

In 2003, the District Court agreed and ruled in favor of Barnes-Wallace. The case was appealed to the Ninth Circuit Court of Appeals who reversed the decision in 2012 in favor of the Boy Scouts. “There is no evidence the city’s purpose in leasing the subject properties to the Boy Scouts was to was to advance religion, and there is abundant evidence that its purpose was to provide facilities and services for youth activities,” wrote Judge William C. Canby Jr. .