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WASHINGTON - The U.S. Supreme Court yesterday refused to hear an appeal by the Boy Scouts of America asking that Connecticut be forced to put the Scouts back on a list of charities that get donations from state workers.

Without comment, the high court dashed hopes of the Boy Scouts, who asked the justices to hear a case from Connecticut, where officials dropped the group from a list of charities that receive donations through a state employee payroll deduction plan.

The court's refusal to take the case means that Connecticut will no longer allow the Scouts to receive about $10,000 a year from a voluntary payroll deduction fund raised from state employees. The Scouts have participated in the plan for 30 years. Connecticut divvies up the money among 900 charities.

The Scouts argued that they were excluded from the list of charities solely because of the values they hold and the conduct required of their members.

In 2000 the Supreme Court ruled 5-to-4 that the Boy Scouts, which have 2.5 million members and 1 million adult leaders, may have a policy excluding homosexuals from serving as Scout leaders because the Scouts are a private group that sets its own moral strictures.

The court's rationale was that the Scouts have a First Amendment right of association to exclude homosexuals. New Jersey had tried to force the Scouts to admit gays under its public accommodations law after the Scouts refused to let a gay scoutmaster continue in that role.

In the Connecticut case, the Scouts argued that they were being excluded from the list of charities eligible for funds solely because of the values they hold and the conduct required of their members.

The Connecticut Commission on Human Rights and Opportunities argued that it does not take a position on the qualifications that Scouts impose on members or leaders, but that under state law it cannot be party to any form of discrimination.

The Boy Scouts are worried that this could be the start of a trend of states restricting Scout activities under state laws.

The Scouts have another significant case pending in California, where the city of San Diego is trying to ban the Scouts from maintaining a canoeing, kayaking, and swimming center on city park property because of the Scouts' policy banning gay members.

The Bush administration, newly on record in favor of a constitutional amendment banning gay marriage, also on March 4 came out in favor of the Scouts in the San Diego lawsuit, brought by the American Civil Liberties Union.

The Justice Department said that the city's lease to the Scouts does not violate the Constitution's prohibition on the establishment of religion as opponents of the Scouts argue.

Justice officials also point out that "in exchange for being able to reserve the facility for its own activities, the Boy Scouts agreed to invest more than $1.5 million to develop the center, pay its operating costs, and keep it open for the general public."

In the Connecticut case, the Scouts were supported by the American Legion, and several states, including Virginia, Alabama, Idaho, South Dakota, and Utah.

The Scouts lost the Connecticut case at the federal district court level and in the federal appeals court, both of which ruled that the Scouts failed to prove Connecticut had singled them out for discrimination.

The U.S. Court of Appeals for the 2nd Circuit ruled that Connecticut's intent was not to punish the Scouts but to prevent discrimination against gays.

The Boy Scouts, of Irving, Texas, issued a statement saying it was "disappointed" at the Supreme Court's decision not to hear its case.

Lawyers for the Scouts said that the Scouts have come under attack for teaching moral virtues to their members.

In defending their policy, the Boy Scouts pointed out: "That Boy Scouts also has traditional values, like requiring youth to ‘do their duty to God' and be ‘morally straight' is nothing to be ashamed of and should not be controversial."

Ann McFeatters can be reached at amcfeatters@nationalpress.com or 202-662-7071.

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