Randall v. Orange County Council
| Randall v. Orange County Council | |
|---|---|
 |
|
| Court | Supreme Court of California |
| Full case name | Michael Randall, a Minor, etc., et al., v. Orange County Council, Boy Scouts of America |
| Decided | March 23 1998 |
| Citation(s) |
www |
| Case history | |
| Prior action(s) | 22 Cal.App.4th 1526, 26 Cal.Rptr.2d 53 (1994) |
| Subsequent action(s) | Rehearing denied (1998 Cal. LEXIS 2970) |
| 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 reversed. | |
| Court membership | |
| Chief Judge | Ronald M. George |
| Associate Judges | Stanley Mosk, Joyce L. Kennard, Marvin R. Baxter, Kathryn Werdegar, Ming Chin, Janice Rogers Brown |
| Case opinions | |
| Majority | George, joined by Kennard, Baxter, Chin |
| Concurrence | Mosk |
| Concurrence | Kennard |
| Concurrence | Werdegar |
| Concurrence | Brown |
| Laws applied | |
| Unruh Civil Rights Act (Cal. Civil Code § 51) | |
Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998), was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establishments" as used in the state's Unruh Civil Rights Act and could not be subject to its provisions. Its companion case was 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).
Twin brothers Michael and William Randall were Cub Scouts, a membership division of the Boy Scouts of America (BSA), in Anaheim Hills with Den 4, Pack 519 of the Orange County Council. They were on their way to earning the Bear Badge which included, in one of its four advancement areas, a religious component that asserted the existence of God and required the practice of one's faith as "taught in your home, church, synagogue, mosque, or religious fellowship," as well as a pledge asserting their duty to God which was included in the opinion of the court:
We are lucky the people who wrote and signed our constitution were very wise. They understood the need of Americans to worship God as they choose. A member of your family will be able to talk with you about your duty to God. Remember, this achievement is part of your Cub Scout promise. "I, ____, promise to do my best to do my duty to God and my country."
The Randalls stated at their local Cub Scout den meeting that they had a conflict with the religious requirement. The den leader asserted to the children's mother that the requirement was necessary to proceed through the ranks. The Orange County Council agreed with this position. While initially the Orange County Council allowed the Randalls to continue to participate in Scouting activities, it refused to allow them to advance in the ranks until they asserted their duty to God.
The mother, as guardian ad litem, filed suit against the Orange County Council, alleging that the Council reversed its initial decision and expelled the Randalls from the Boy Scouts.
...
Wikipedia