Here the ACLU summarizes the legal history of the case and
argues that the Mt. Diablo Council of the Boy Scouts is a 'business
establishment' subject to California's civil rights laws.
The Boy Scout's attorneys respond that forcing the group to
accept me would infringe on its First Amendment freedom to express
their view that homosexuality is 'immoral' and 'unclean.'
The ACLU replies that Scouting doesn't express a message
concerning homosexuality in its program, and even if it did, including
me as the law requires wouldn't force them to change that message.
On March 23, 1998, The California Supreme Court decides that
the Boy Scouts is not a 'business establishment' as that term is used
in state civil rights law, and differs in a number of respects from
other non-profit membership organizations which have been judged to be
'business establishments.'
Updated: April 1, 2006