November 3, 2000

It has come to the Commission on Human Rights and Opportunities’ attention (CHRO) that Grassfire.net (http://www.grassfire.net) has initiated a petition drive to solicit support for the Boy Scouts of America (BSA). Grassfire is also encouraging individuals to call or fax the CHRO and "urge the Commission not to discriminate against the Scouts in their pending ruling."

Grassfire.net states as one of its facts, "CHRO must rule by November 8 whether to prohibit state employees from donating to Scouts through a state-run agency. Connecticut will also decide whether to ban Scouts from all public lands and buildings." This is simply not true.

Here are the real facts. In November 1999, the Connecticut State Employee Campaign Committee (SECC) petitioned the CHRO for a declaratory ruling on two questions:

    1. Does the BSA and/or its local councils’ policy or policies on sexual orientation violate any state anti-discrimination statute or regulation over which the CHRO has oversight or jurisdiction?;
    2. Is the SECC’s inclusion of BSA member agencies in the SECC in violation of any state law over which the CHRO has oversight or jurisdiction?

On May 12, 2000, the CHRO declined to rule on the first question. Instead, it initiated its own proceeding for a declaratory ruling. A ruling on this question will be considered by members of the CHRO on November 9. With respect to the second question, the CHRO issued a ruling finding that the inclusion of the BSA in the SECC violated Connecticut’s anti-discrimination laws.

Subsequent to the CHRO ruling, the SECC advised the participating United Ways in the SECC that the BSA and member BSA local councils would be ineligible to participate in the 2000 campaign. The BSA filed a federal lawsuit against the SECC. (CHRO is not a party in this lawsuit.)

As a result of the US Supreme Court decision in BSA v. Dale, the SECC asked the CHRO for yet another ruling in July 2000. SECC asked what is the effect of the Supreme Court decision on the CHRO declaratory ruling dated May 12, 2000 and issued to the SECC? The CHRO must issue a ruling on this question by January 10, 2001.

The use of the public’s grounds and/or buildings by the BSA has never been specifically raised as an issue in the declaratory rulings before the CHRO. Unfortunately, recent news articles have been less than accurate about this and would lead one to conclude that CHRO will issue a ruling on this issue on November 9. The CHRO will not address this issue on November 9.

Thank you for sharing your concerns and comments with CHRO. We trust that the information we have provided will enhance your understanding of the matters that relate to the BSA that are presently pending before the CHRO.