The Supreme Court has refused to hear an appeal from Boy Scouts of America, Inc. seeking to overturn the actions of the State of Connecticut, which excluded BSA Inc. from a state workplace giving program because it would put the state in the position of “sanctioning discrimination.” BSA Inc., believing that its SCOTUS-recognized right to exclude gays should carry with it no ramifications, sued the state claiming not being included in the program because of anti-gay discrimination violated its First Amendment rights. BSA Inc. lost, I believe, at every turn, and now the case is dead with the denial of its petition by the Court.
One more example of BSA Inc. expecting that its actions won’t have consequences.
Unfortunately, BSA Inc.'s string of losses following its winning the right to discriminate hasn’t stopped it from trying to suckle at the public teat. Even as SCOTUS turned down this appeal, another is brewing over the settlement of a case in San Diego in which the city agreed to terminate a sweetheart lease agreement on public land with BSA Inc. Unfortunately the increasingly-misnamed Justice Department has sided with BSA Inc., filing an amicus brief in the case seeking to preserve the sweetheart deal. The point the JD is trying to make seems to be that because BSA Inc. is not a “church” not giving it governmental favoritism with sweetheart deals is unconstitutional. The JD also cites a number of organizations with similar sweetheart deals, including “Girl Scouts of America, the Boys and Girls Club of San Diego, and several Little League organizations,” claiming that their getting sweetheart leases means BSA Inc. has to be given one too. Except of course that GSA and Boys and Girls Clubs (don’t know about Little League) don’t claim to be “private religious organizations” and those two groups have written non-discrimination policies which include sexual orientation.
I’m glad that court after court is telling BSA Inc. that they don’t get to have it both ways.