Randall v. Orange County Council

Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998), was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establishments" as used in the state's Unruh Civil Rights Act and could not be subject to its provisions.

They were on their way to earning the Bear Badge which included, in one of its four advancement areas, a religious component that asserted the existence of God and required the practice of one's faith as "taught in your home, church, synagogue, mosque, or religious fellowship,"[1] as well as a pledge asserting their duty to God which was included in the opinion of the court: We are lucky the people who wrote and signed our constitution were very wise.

"[2] The Randalls stated at their local Cub Scout den meeting that they had a conflict with the religious requirement.

[2] The Superior Court for the County of Orange ruled at the initial trial that the BSA was considered a "business establishment" under the terms of California's Unruh Civil Rights Act because of the preponderance of the defendants evidence that illustrated the BSA's extensive real estate holdings, revenue-generating interests, and commercial enterprises.

The court ordered statutory damages of $250 awarded to the plaintiffs and a "permanent injunction against [the BSA], preventing it from excluding [the Randalls] from membership or advancement in the organization or in a den, pack, troop, or post based upon [the BSA's] religious beliefs or lack thereof, their refusal to swear an oath or a duty to God, or to use the word "God" in any pledge, oath, or promise or vow, or their failure to participate in any religious activities.