The Connecticut State Employee Campaign raises funds for 900 charities through voluntary contributions by state employees; the

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The Connecticut State Employee Campaign raises funds for 900 charities through voluntary contributions by state employees; the employees can designate which of the participating organizations will receive their contributions. The Boy Scouts of America (BSA) has a policy against employing known or avowed homosexuals as commissioned, professional Scouts or in other capacities (including adult volunteer leaders or youth members) in which such employment or position would interfere with the BSA’s mission of transmitting values to youth. The BSA received about $10,000 annually from the Campaign until 2000, when the state dropped the organization from the Campaign after the state Human Rights Commission asserted that including the BSA would violate Connecticut’s gay rights law, which prohibits the state from “becoming a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination.” The BSA sued on the basis that it was “singled out and excluded” from the Campaign based on its First Amendment right of association, a right that the U.S. Supreme Court had recognized in Boy Scouts of America v. Dale, 530 U.S. 640 (2000). What will each side argue? Who will win? [Boy Scouts of America v. Wyman, 335 F.3d 80 (2d Cir. 2003), cert. denied, 541 U.S. 903 (2004).]

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