Tuesday, in Pasadena, Calif., oral arguments were heard in the Boy Scouts of America’s appeal of the U.S. District Court’s 2003 ruling that their preferential land leases in Balboa Park and on Fiesta Island are unconstitutional. Because the BSA is a religious organization, the District Court ruled that the Scouts’ preferential land lease violates the separation of church and state, and amounts to an illegal government endorsement of religion.

The case began back in 2000, when an atheist lesbian couple with children filed suit against the city and the Desert Pacific Council, the local scouting chapter.

Because the Scouts discriminate against gay and lesbian families, kicking the Scouts out of Balboa Park, or at least charging them fair market value, has been a top priority for local activists, and has served as a litmus test for political candidates seeking support from the GLBT community.

Mayer Jerry Sanders supported the Boy Scouts of America throughout his election campaign, angering some GLBT voters. The city, however, settled with the ACLU and is not taking a role in the appeal. It has agreed to allow the Scouts to remain until the court case is resolved.

This case should be a no-brainer. An organization that benefits from the use of public property cannot deny access or exclude members of the public because they do not share the same religious or moral beliefs. The BSA is an exclusive club. Would the Ku Klux Klan or other discriminatory organizations be not only allowed but subsidized by the city of San Diego? It’s ludicrous that our tax dollars are going to support an organization that openly discriminates against us.

And it’s embarrassing. Sure, the BSA teaches children valuable life lessons and skills, but it also teaches exclusion, discrimination and hate.

The most overplayed argument in favor of the Scouts is that pulling them out of Balboa Park would only punish the children, and that that isn’t fair. Tell that to the child of two lesbian parents who cannot join the Scouts because he is part of an alternative family – a family the BSA discriminates against based on religious principles. Now who’s being punished?

It has been ruled in federal court that the BSA is acting as a religious organization with a clear religious agenda, so let’s have some consistency here. If you’re the child of a father serving 20 to life for homicide, the BSA has no qualms about your membership. But two dads? Now that tears at society’s moral fabric!

San Diego is in a financial crisis. The “6 to 6” program is gone, hundreds of city employees have been laid off and library hours have been slashed. Without a dime left in the coffer, should the city be proving land subsidies to any organization? The Scouts should pay their fair share, bringing money into San Diego and ending their legacy of publicly supported discrimination.

No matter what side of the issue you fall on, this is a matter for the courts. Kudos to the city for staying out of the fight and leaving it up to the constitution.

A decision on the Scouts’ appeal is anticipated within three to six months.