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DECISIONS Young’s e-mail address is gyoungnlj.com. connecticut’s decision to exclude the Boy Scouts of America from participating in state workplace charitable contribution campaigns because of its policy of banning homosexuals from membership does not violate the organization’s First Amendment right to expressive association, the 2d U.S. Circuit Court of Appeals ruled on July 9. Boy Scouts of America v. Wyman, No. 02-9000. The Connecticut Commission on Human Rights removed the Scouts from the program, which provides a mechanism for public employees to contribute to “charitable and public health, welfare, environmental, conservation and services purposes” through payroll deductions, concluding that the group’s policy on homosexuals ran counter to state law, specifically the gay rights law. The Scouts sued for violations under state law and the U.S. Constitution, but a Connecticut district court granted the state’s motion for summary judgment. The 2d Circuit affirmed. The court ruled that an exclusion such as denial of access to a nonpublic forum or denial of a government benefit is constitutional as long as it is viewpoint-neutral and reasonable. The gay rights law is viewpoint-neutral, even though it has an adverse impact on some segments of the population; application of the law to exclude the Boy Scouts was not viewpoint discrimination, the court added, because it applied similarly to all groups that discriminate in their membership and employment.

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