Barnes-Wallace v. Boy Scouts of America

KLEINFELD, Circuit Judge.

I respectfully dissent from the portion of the order concluding that the plaintiffs have standing under Article III. Because the plaintiffs lack standing, the case should be dismissed. However, assuming that there is standing, I concur in the portions of the order certifying questions to the Supreme Court of California.

The reason that the plaintiffs lack standing to sue the City and the Boy Scouts is that their only claimed harm from the Boy Scouts’ religiosity is that it offends them. Neither they nor their sons have ever sought to join the Boy Scouts or use the…