In Support Of Kevin Lembo

The Connecticut Law Tribune has published an editorial supporting State Comptroller Kevin Lembo’s recent letter to the American Family Association, a conservative Christian ministry that is considered one of the most anti-gay lobbies in the country. Mr. Lembo told the AFA that its apparent failure to comply with the state’s nondiscrimination policy might render it ineligible to particulate participate in a program that allows state employees to contribute to certain charities through payroll deductions. The editorial explains why the First Amendment allows the state to exclude charitable organizations that discriminate based on sexual orientation and gender identity from the payroll deduction program.

UPDATE 12/19/16: I should have noted that the Second Circuit addressed this issue in 2003, in Boy Scouts of America v. Wyman.  The court of appeals upheld then-Comptroller Nancy Wyman’s decision to exclude the Boy Scouts of America from participating in the state charitable giving program because the BSA discriminated against gay men.



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