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Supreme Court Nixes Scouts by 365Gay.com March 8, 2004 Washington, D.C. -- The US Supreme Court Monday refused to hear an appeal from the Boy Scouts of America that it is facing discrimination because of its anti-gay policies. The case involved the exclusion of Boy Scout councils from a charitable fundraising campaign among Connecticut state employees. Last year a Federal Court ruled that Connecticut did not violate the rights of the BSA when it bumped the Scouts from a list of charities that civil servants contribute to through a payroll deduction plan. The Boy Scouts argued that the decision was unconstitutional discrimination and cost them about $10,000 annually. "To exclude the Boy Scouts from a forum based on their values they hold and the conduct they require of their members is to exclude Boy Scouts based on viewpoint and identity," lawyers for the Scouts argued in their Supreme Court brief. Connecticut removed the BSA from its deduction plan in 2000 following complaints over the organization's practice of discriminating against gays, a practice that was upheld by the US Supreme Court four years ago. The state Commission on Human Rights and Opportunities had said including in the payroll plan a group that bars gays would violate Connecticut's anti-discrimination laws. The gay rights law prohibits the state from "becoming a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination," the state's legal filing said. But, the Scouts said the organization should not have to 'pay a price' for 'exercising its First Amendment rights'. The court, as is its practice, gave no reason for refusing to hear the appeal. The American Legion, Campus Crusade for Christ and several other organizations filed friend-of-the-court briefs supporting the Boy Scouts. "Permitting this decision to stand would open the door for other governmental action that seeks to advance a political agenda by forcing those who oppose it to relinquish their constitutionally protected views, beliefs and practices in exchange for a government benefit that was otherwise available," lawyers for a Catholic public interest law firm, the Thomas More Law Center, argued in their brief. Since banning gays from the Boy Scouts, the group has been told by a number of municipalities that it cannot use public facilities. In San Diego, California the BSA is perusing a similar suit after being removed from a park where the organization runs a youth aquatic program.
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