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Randall v. Boy Scouts of America, Orange County Council (California
Court of Appeal, Fourth Appellate District Court) Religious freedom
case involving the Boy Scouts and two boys who were allegedly
excluded because they did not want to say the word
“God” in the Scout pledge.
Plaintiffs, twin 10-year-old boys, were excluded from the Cub Scouts because they refused to say the word “God” as part of the Cub Scout pledge or to participate in religious activities required for advancement in Scouting. Represented by their father, suit was filed on February 21, 1991, alleging discrimination on the basis of religious beliefs in violation of the Unruh Civil Rights Act. A TRO was granted that day and a preliminary injunction was granted April 25, 1991, barring the Boy Scouts from refusing to allow the boys to participate in Scouting, from requiring the boys to use the word “God” or from requiring them to participate in any religious events or religious requirements for advancement. The Boy Scouts filed a notice of appeal from the grant of the preliminary injunction on April 29, 1991. A temporary stay of the preliminary injunction was granted May 7, 1991. We associated in as co-counsel for purposes of defending against the Boy Scouts’ appeal of the preliminary injunction. As requested by the Court of Appeal, we filed a response to the petition for writ of supersedeas on May 20, 1991. The Court of Appeal, in a split vote, issued the writ on May 30, 1991, staying the preliminary injunction pending the appeal. Although the appeal was fully briefed, the Court of Appeal denied our motion for calendar preference notwithstanding the scheduled commencement of the trial in the underlying action for November 10, 1991. Trial commenced November 20, 1991. So as to avoid questioning of the Randalls by Mr. Randall at trial, we assisted at trial on the direct and cross examination of the Randall family. On May 7, 1992 Judge Richard O. Frazee issued a tentative ruling in our favor, finding that the Boy Scouts are a business establishment subject to the Unruh Act and that permitting individuals who do not believe in God to be members of Cub Scouts “would not interfere to any significant degree with the purposes of scouting.” Judgment was so entered on June 30, 1992. The Boy Scouts appealed and petitioned for a writ of supersedeas staying the permanent injunction pending their appeal. After we filed opposition, the Court of Appeal denied the request for a stay on June 9, 1992. The Boy Scouts thereafter petitioned the California Supreme Court for a writ of supersedeas, which was also denied. The Randall boys are therefore participating in scouting again pending the appeal. The Court of Appeal affirmed the trial Court’s decision on February 28, 1994. The California Supreme Court decided to hear the case on June 2, 1994. Briefing was initially deferred pending decision of Warfield v. Peninsula Golf and Country Club, in which we are also counsel. After Warfield was decided, the Court set August 14, 1996 as the date for the Boy Scouts’ opening brief. (Jon Davidson, Carol Sobel, Paul Hoffman)