The high court is being asked by pro-homosexual and atheist groups to determine whether voluntary non-profit associations must comply with the same anti-discrimination law as businesses. The Boy Scouts require that all members and leaders profess a belief in God, but not in a particular religion. The group also forbids homosexual scoutmasters both as a safety measure for the boys and on moral grounds.
If the supreme court determines that the Scouts are no a business, the justices must then decide if its membership policies are protected under the First Amendment right of free association. A ruling is expected within 90 days.