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Brief by U.S. Backs Boy Scouts in Dispute

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From Times Staff and Wire Reports

SAN DIEGO

The Bush administration on Thursday filed a brief in federal court supporting the Boy Scouts in the organization’s fight to keep from being ousted from Balboa Park because of its discriminatory policies toward gays and atheists.

A federal appeals court has sided with the American Civil Liberties Union in its fight with the Boy Scouts over the issue. The ACLU argues that, as a religion-based organization, the Boy Scouts cannot receive a “sweetheart” lease from the city government. The Department of Justice says the Boy Scouts are not a church and thus constitutional separation of church and state does not apply.

“Canoeing, kayaking and swimming are not religious activities,” said R. Alexander Acosta, assistant attorney general for the civil rights division.

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