Randall V. Orange County Council - The Case

The Case

The Superior Court for the County of Orange ruled at the initial trial that the BSA was considered a "business establishment" under the terms of California's Unruh Civil Rights Act because of the preponderance of the defendants evidence that illustrated the BSA's extensive real estate holdings, revenue-generating interests, and commercial enterprises. The court ordered statutory damages of $250 awarded to the plaintiffs and a "permanent injunction against, preventing it from excluding from membership or advancement in the organization or in a den, pack, troop, or post based upon religious beliefs or lack thereof, their refusal to swear an oath or a duty to God, or to use the word "God" in any pledge, oath, or promise or vow, or their failure to participate in any religious activities."

The BSA appealed the decision to the California Court of Appeal which upheld the core of the decision (that the BSA was subject to the Unruh Civil Rights Act) based on the court's earlier decision in Curran, 147 Cal.App.3d 712 (1986), but reversed the injunction. The Supreme Court of California granted review.

In a 7-0 ruling, the Supreme Court overturned the rulings of the lower court based on their decision in Curran, 17 Cal. 4th 670, that the BSA did not qualify under the Unruh Civil Rights Act as the court found it to be a "charitable organization" with interests unrelated to the economic benefit of its members, and that it did not have a commercial interest in the activities provided to its members.

As a sidebar, the Randalls reached the rank of Eagle Scout before being expelled from the BSA as a result of court prohibiting further actions by the BSA regarding their expulsion until the case was resolved.