The City of Philadelphia has been trying to force a local chapter of the Boy Scouts of America to pay fair market rent on city-owned office space for the last two years, because the BSA do not allow openly lesbian or gay people to participate. So far, the BSA has not paid a dime, and instead is suing the city. The city is adamant that taxpayers will not subsidize organizations that violate its anti-discrimination policies, but the BSA insists the city is both reneging on the terms of an agreement under which the office space was built and violating its First Amendment rights to freedom of expression. Commentators say both sides have strong cases, because the Supreme Court has never established a single doctrine for resolving these kinds of conflicts.

Elsewhere…

D.C. – Nancy Pelosi reiterates her position that the Employment Non-Discrimination Act will not get a House vote until after Don’t Ask, Don’t Tell is repealed. (The Washington Blade)

D.C. – The Washington Post profiles the experience of some LGB’s in the military.

The day after Defense Secretary Robert M. Gates announced in March that the military would ease enforcement of its “don’t ask, don’t tell” policy, a 21-year-old soldier in Baghdad learned that he had been outed by a fellow service member.

The soldier’s command opened an investigation into the charge, and he quickly retained a lawyer. Then, nothing happened. His platoon sergeant told him that his command was going to “stick the investigation in a manila envelope and put the envelope in a desk,” recalled the soldier, whose name is being withheld at his request.

The only change he noticed was that his platoon sergeant, once prone to shouting out a derogatory term for gay men, cut back his usage.

“And when he does say it,” the soldier noted, “he’ll give me a look like he is sorry.”

(The Washington Post)

Arizona – A limp apology for “limp-wristed” comments from Yuma, Arizona’s mayor. (Towleroad)

Colorado – The Denver District Attorney is dropping “saliva as a deadly weapon” charges for an HIV+ man who allegedly spit on another man during a dispute. (The Colorado Independent)

Iceland – Iceland’s parliament, the Althingi, voted unanimously to legalize same-gender marriage. (Joe.My.God)