Opening statements are under way in a civil jury trial. The Cradle of Liberty Council says the city's threat to end its $1-a-year lease is unconstitutional.
The council points to a Supreme Court decision that said scouts and other private groups can limit membership.
Scouts lawyer Jason Gosselin says the Philadelphia council never asked anyone's sexuality until the city demanded the policy change in 2003.
City lawyer David Smith says the local council should muster the courage to challenge the national policy.
