FOR IMMEDIATE RELEASE

February 9, 2001

State Charitable Campaign Must Exclude Boy Scouts

Confirming a ruling it issued in May 2000, the Connecticut Commission on Human Rights and Opportunities (CHRO) again found that the Boy Scouts of America may not participate in the State Employee Charitable Campaign because of its anti-gay policy.  In a case in which Gay & Lesbian Advocates & Defenders (GLAD) intervened (along with the Connecticut Women’s Education and Legal Fund (CWEALF), and the Connecticut Coalition for Lesbian, Gay, Bisexual and Transgender Civil Rights (CCLGBTCR)—the Connecticut Civil Liberties Union (CCLU) also intervened but separately), the CHRO ruled that inclusion of a discriminating organization violates Connecticut state law.

GLAD attorney Jennifer Levi commented, “This is an important ruling that makes clear that as long as the Boy Scouts continue to discriminate, they will not do so with the sanction and support of the State of Connecticut.”

Last May, the CHRO first ruled, in response to a request from the Comptroller’s Office, that the Boy Scouts’ inclusion in the State Employee Charitable Campaign violates the Connecticut Gay Rights Law.  Following the ruling, the Campaign notified the Boy Scouts that funds from the Campaign would not be distributed to them nor would they be included in the Campaign.  This exclusion was consistent with the Campaign’s practice of requiring all groups to sign a comprehensive non-discrimination statement and denying participation to any group that could not comply.  Shortly after June 2000, when the United States Supreme Court ruled in Dale v. BSA that the Scouts had an expressive association right to deny gay adults the opportunity to be volunteer Scout leaders, the Campaign sought a new ruling from the CHRO as to whether the Dale decision had any effect on its earlier ruling.

The CHRO’s decision yesterday confirmed its earlier ruling explaining that although the Boy Scouts may be allowed to exclude gay adults from serving as volunteer leaders, they cannot participate in the State Charitable Campaign as long as they do.  As the CHRO stated, the BSA may well “exclude persons in the exercise of its First Amendment rights; as a result, such an organization may not, however, be entitled to benefits conferred by the government if that organization discriminates. …[A] constitutional right to discriminate does not equate with a right to have the government sanction or support an organization’s discriminatory policies.”

Founded in 1978, Gay & Lesbian Advocates & Defenders (GLAD) is New England’s leading legal rights organization for lesbians, gay men, bisexuals and people with HIV. GLAD’s mission is to achieve full equality and justice for all individuals in these groups, primarily through impact litigation and education.