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Wednesday, March 10, 2004

The Boy Scouts lose their Supreme Court appeal.

The Supreme Court rejected an appeal from the Boy Scouts of America, which had claimed to be a victim of discrimination after the state of Connecticut said the group couldn't participate in a charitable campaign because it doesn't hire homosexuals.

The court's rejection comes amid intense focus on gay rights and in particular same-sex marriage, an issue that eventually could reach the high court.

In 2000, the Supreme Court had ruled 5-4 that forcing the Boy Scouts to accept gay troop leaders would violate the group's First Amendment rights of association and free expression. But officials in Connecticut moved to drop the group from a list of charities that can receive donations through a state-employee payroll-deduction plan, saying its policy violated the state's antidiscrimination law.

In petitioning the Supreme Court for review, the Boy Scouts claimed that the Connecticut case raised constitutional issues, in this instance whether a state's laws may exclude otherwise eligible organizations from such programs. The Boy Scouts contended they were excluded "solely because of Boy Scouts' constitutionally protected and membership policies." But the justices turned down their arguments without comment.


Personally, I agree with the Boy Scouts' right to choose their membership. But, the state has established these guidelines, as is their right to do. Is it discriminatory? In a practical sense, sure, just as it is, in a practical sense, discriminatory of the Boy Scouts to maintain their exclusivity. Limiting membership is not a wrong idea, but it is also not a publicly embraced idea. Instead of fighting it, perhaps the Boy Scouts should just get out of the public fundraising business altogether.

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.: posted by Dave 1:02 PM





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