Around The Nation

California

US Appeals Court: Boy Scouts of America Can Lease Public Land Despite Their Ban On LGBTQ Members

SAN FRANCISCO, CA -- The 9th U.S. Circuit Court of Appeals said that two leases held by the Boy Scouts of America do not violate the constitutional separation of church and state. This past July during their annual national board meeting the BSA reaffirmed its position that prohibit atheists, agnostics and homosexuals from becoming members

In San Diego, an organization chartered by the Boy Scouts leases portions of two popular city parks and in exchange for spending money developing facilities on the land, the Scouts pay virtually no rent.

A lower court judge found the leases unconstitutional, but on Thursday a unanimous three judge 9th Circuit panel reversed that decision. The city has leased 123 parcels to nonprofit agencies, the overwhelming majority of which are secular in nature, the court wrote, and 96 of those leases require no payment of rent.

"The city's practice of leasing its lands is by no means occasional or targeted in favor of sectarian organizations," the court ruled. 

“There is no evidence that the city’s purpose in leasing the subject properties to the Boy Scouts was to advance religion, and there is abundant evidence that its purpose was to provide facilities and services for youth activities,” wrote Judge William C. Canby Jr., appointed by former President Jimmy Carter, for the unanimous panel.

The decision stemmed from a lawsuit brought by a lesbian couple and an agnostic couple, who said the leases of public land to groups that discriminate violated both the state and federal constitutions.

M. Andrew Woodmansee, an attorney for the plaintiffs, said they were reviewing the court's opinion and considering all options for further appeal.

Deron Smith, a spokesman for the Boy Scouts, said the organization would continue to focus on serving local communities.

"We appreciate the court's thoughtful and comprehensive analysis of this matter," Smith said.

Georgia

22 Percent Increase in New HIV Infection rates, Highest Among Black Males

ATLANTA, GA -- According to a new study's results released Wednesday by the Centers For Disease Control,(CDC), the number of new HIV infections for young gay and bisexual men has risen increasing by 22% between 2008 and 2010.

Joseph Prejean, CDC chief of the Behavioral and Clinical Surveillance Branch, said the rising number of infections for gay and bisexual youth may be based on inaccurate perceptions that HIV has become a manageable disease.

"We do realize that many men who have sex with men do probably underestimate their personal risk and believe that treatment advances minimize the health threat," he said.

The CDC reports that the rate of new HIV infection(s)in the United States has remained fairly constant at about 47,500 infections. Gay and bisexual men account for 66% of those new infections but that minority males particularly black men accounting for more new infection rates than any other subgroup.

The CDC estimates that the average cost of treating HIV over a person's lifetime costs an estimated $400,000.