This case involves whether use by the Scouts of Balboa Park and Fiesta Island in San Diego under a long term lease with the city amounts to an unconstitutional establishment of religion. The District Court ruled it did. Oral arguments were heard on the case in February of 2006, before the United States Court of Appeals for the Ninth District, in California. The opinion of the court is pending.

On December 22, 2006 the 9th Circuit Court of Appeals asked the California Supreme Court to decide whether San Diego’s leasing of the parkland to the Boy Scouts violates the California state constitution.

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