Supreme Court Rejects Boy Scouts' Appeal

From the Thomas More Law Center

Supreme Court’s Rejection of Boy Scouts Appeal Signals Disturbing Anti-Christian Trend in Federal Courts

ANN ARBOR, MI — The United States Supreme Court today rejected an appeal by the Boy Scouts of America, letting stand a Second Circuit Court of Appeals decision that held it was constitutionally permissible to exclude the Scouts from a state charitable program because the Scouts excluded avowed homosexuals from leadership positions. Homosexual activist organizations such as the Lambda Legal Defense Fund are allowed to participate in the state charitable campaign.

Less than two weeks ago, the Supreme Court held in the case of Davey v. Locke, that it was constitutionally permissible for the State of Washington to discriminate in its scholarship program against a Christian college student who majored in theology.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center expressed his disappointment. “The Court’s refusal to hear the Boy Scouts appeal, coming on the heels of its recent decision approving state discrimination against a Christian theology student, is evidence of a disturbing anti-Christian trend in the federal courts. It suggests that the Supreme Court has taken sides in the Culture War facing our nation.”

The Thomas More Law Center had filed amicus briefs in both cases. In the Boy Scouts case, the Law Center pointed out, “The Second Circuit’s opinion threatens not only the First Amendment right to expressive association, but also the First Amendment right to free exercise of religion. This opinion adversely affects the First Amendment rights of the Boy Scouts, and it has far reaching implications that could threaten the constitutional rights of religious-based organizations that seek to promote and preserve their organizational values, particularly with regard to the issue of homosexuality.”

The Boy Scouts had participated in the Connecticut charitable program for over 30 years. The state program allows private groups such as the Boy Scouts to receive charitable donations through voluntary payroll deductions from State employees. State officials denied the Boy Scouts access to this government program because they claimed that the Scouts were violating state non-discrimination laws by excluding avowed homosexuals from positions of leadership.

Thompson had earlier criticized Connecticut for pandering to the homosexual agenda by punishing the Scouts for exercising their constitutional rights, “Permitting this decision [Second Circuit Court of Appeals] to stand would in effect allow governments to legally extort organizations and individuals to give up basic beliefs.”