Originally Boy Scouts of America v.
Connecticut Commission on Human Rights and Opportunities now Boy Scouts of America v. Wyman
On July 10, 2003 the 2nd U.S. Circuit Court of Appeals agreed with a lower court that said the Connecticut State Employee Campaign Committee did not violate the Constitution when it removed the Boy Scouts from its list in 2000 - Boy Scouts of America
v. Wyman, No. 02-9000. (The opinion can be found by clicking here.)
The United States District Court for the District of Connecticut ruled on July 29th that the exclusion of the BSA from the Connecticut State Employee Charitable Campaign because of its anti-gay policy in no way violates the Scouts' constitutional rights.
The federal court clarified that while the Scouts' may be legally permitted to discriminate, there are consequences for them in other areas, and those consequences do not infringe their rights. The court stated, "The BSA asks the court to declare that its lawful and constitutionally protected right to discriminate on the basis of sexual orientation is synonymous with compliance with the non-discrimination laws of the state, specifically the Gay Rights
Law. The Court finds to the contrary."
The Connecticut Commission on Human Rights and Opportunities released its final decision (February 2001) affirming the exclusion of the Boy Scouts from the official state fundraising campaign, which is conducted each year in state government offices in Connecticut. The Commission based its ruling on the Connecticut Gay Rights Law, which prohibits any furtherance of discriminatory conduct in state facilities. Last year (May 2000), the Commission had ruled to exclude the Boy Scouts from participation in the state employee campaign, but in response to the US Supreme Court case, Boy Scouts of America v. Dale, the Commission agreed to review and clarify its earlier ruling. In its new ruling, the Commission concluded that the Dale case did not affect the requirement that Connecticut should not support the Boy Scouts' discriminatory conduct. The new
decision emphasizes that the Boy Scouts discriminate on the basis of sexual orientation not just against volunteer leaders (the subject of the Dale case), but also discriminate against youth members, and against paid employees.
In December 2003, BSA filed an appeal of the Court of Appeals' decision with the US Supreme Court. In March 2004, the US Supreme Court affirmed the Court of Appeals' decision and rejected the BSA's appeal. The case is now closed.