The city of Philadelphia tried to force the Boy Scouts to repeal an anti-homosexual policy or be evicted from their Center City headquarters. A jury found in favor of the Boy Scouts in the Philadelphia lawsuit.

The Boy Scouts have been in their Center City headquarters since 1928. The local chapter, Cradle of Liberty Council, leases the building like all non-profits in the city for $1 per year. The city sought to force the chapter to denounce Boy Scout policy or lose their cheap rent.

The jury deliberated for seven hours and found in favor of the boy scouts. The Philadelphia lawsuit has brought to the forefront whether or not a private organization such as the Boy Scouts, has the right to associate with whomever they choose.

In a 2000 decision, the Supreme Court said that the Boy Scouts of America had the Constitutional right to associate with whomever they wanted to. That meant, and still means, that the Boy Scouts are well within their rights to not allow homosexuals in the Boy Scouts of America. This includes the Philadelphia chapter, Cradle of Liberty Council.

The Boy Scouts lawyer said that they essentially won on First Amendment grounds. The city of Philadelphia has an anti-discrimination policy that they say is being violated by the Boy Scout chapter in Philadelphia. The city is now mulling over their next legal move.

Had the Boy Scout Philadelphia lawsuit gone the other way, Cradle of Liberty Council would have likely had to move. They would have been forced to pay fair market value for the building which is in the neighborhood of $200,000 per year.