An appellate court case in California is currently underway to determine whether the Boy Scouts of America is a religious organization and thus barred under federal law from leasing public property and facilities from the City of San Diego under preferential terms. The current lawsuit began in 2000 when the ACLU sued San Diego and the Boy Scouts on behalf of several gay or agnostic parents with sons of Boy Scout age. The Boy Scouts, which requires its members to swear an oath to “do duty to God,” and which disallows gay troop leadersm, denies that these policies make it a religious group, and the Bush administration has filed an amicus brief reinforcing that claim.