Curran v. BSA Legal Briefs

In the Supreme Court of the State of California

Appellant's Brief on the Merits 148K web document

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. 

Respondent's Answer Brief on the Merits 104K web document

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.'

Appellant's Reply Brief 60K web document 

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.

California Supreme Court Decision 232K Acrobat PDF document

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.'