Sexual Orientation Discrimination
On September 10, 2003, Attorney General Lockyer filed an amicus brief in support of the City of Berkeley's effort to avoid funding a private discriminatory program. At issue before the California Supreme Court is a city policy that requires any group seeking a subsidy for free marina berthing to provide written assurances that the group does not engage in discriminatory practices. The Sea Scouts in Evans v. City of Berkeley contends that the city's denial of its request violates the First Amendment. In his amicus brief, Attorney General Lockyer supports the City's argument that the City did not engage in impermissible viewpoint discrimination against the Sea Scouts. The brief argues that the California and U.S. Constitutions do not require governments to fund discriminatory programs. The brief adds that the city's anti-discrimination condition meets the "unconstitutional conditions" and "viewpoint discrimination" standards under state and federal constitutions. To rule otherwise would violate California's long-established policy that governments should not subsidize or promote organizations that engage in discrimination, the brief states.