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The American Civil Liberties Union (search), in conjunction with four people, a lesbian couple, and an agnostic couple, have sued the city of San Diego because it leased a public park to the Boy Scouts for $1 a year. Incredibly, a federal judge named Napoleon Jones, appointed by Bill Clinton, ruled in favor of the ACLU and says San Diego cannot do business with the Scouts because they are a religious organization.

This is another insane ruling that will eventually be overturned as the Boy Scouts of America are certainly not a religious group. The Boy Scout oath only says, "to do my duty to God and my country and to obey Scout law."

The Boy Scout leadership says any spiritual belief, including a belief in nature, qualifies under the oath. The real story here is that the judge in the ACLU have teamed up to punish the Boy Scouts for winning a Supreme Court case that allows them to ban declared atheists and gays from membership.

So to get revenge, the ACLU is claiming the Scouts are violating separation of church and state. Ludicrous. Talking Points believes most Americans know exactly what's going on here. In 1991, The Los Angeles Times, a bastion of liberalism, actually labeled Judge Jones a judicial activist.

Of course he is. Jones is using his federal judgeship to pervert the Constitution and hurt the Scouts. The reason that San Diego allows the Scouts to use the city property in the first place is that its programs benefit young boys and help keep them away from destructive influences. But Judge Jones and the ACLU could not care less about that.

It is well past time for Americans to begin dealing with the insanity that is taking place in the courts, in the press, and in the schools. In recent weeks, we have been told by a city councilman who favors reparations that Abraham Lincoln didn't much care about freeing the slaves, by a Boston University professor that there was no rivalry between the radical preacher Jesus and some in the Jewish hierarchy, and by an Episcopal bishop that there is no tension between the gay bishop and some scriptural passages.

Come on. Denying the obvious is intellectually dishonest. We are now living in a time where facts and evidence no longer exist for agenda-driven fanatics. And few in the media are challenging the insanity.

Usually, we debate issues here on The Factor. Not tonight. This Boy Scout ruling by Judge Napoleon Jones in San Diego is simply dangerous and should be condemned by all fair-minded Americans. When judges have the power to subvert the Constitution, rather than uphold it, we are all in major trouble. And that's the situation we are facing with the ACLU, again leading the way.

And that's the Memo.

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