Freedom Of Association


May 2006

The controversy over gays and Boy Scouts has surfaced again in South Georgia, prompting two Republican legislators to say they will introduce legislation aimed at inflicting financial punishment on the Bank of America.

Rep. Earl Ehrhart (R-Powder Springs) and Sen. John Wiles (R-Marietta) said the Bank of America Charitable Foundation sent a letter to the Alapaha Area Council of the Boy Scouts of America denying the organization's request for a charitable contribution. The letter said the foundation was turning down the request because the Boy Scouts violated a "non-discrimination policy."

Wiles and Erhart said they will draft legislation that will bar state government from doing business with companies that cite such "non-discrimination policies" when dealing with youth organizations. This ban would include Bank of America and its subsidiaries BA Merchant Services LLC, BA Venture Partners, Banc of America Investment Services Inc. and Banc of America Securities LLC.

"Our duty as elected officials is to protect the constitutional rights of our citizens," Ehrhart said. "When a large, out-of-state corporation tries to use its resources to stifle those rights and obligate certain behavior, we have an obligation to act. Georgians' and scouting's values are not for sale and should not be subject to extortion by any entity."

"Bank of America, like any company, has the right to support whatever causes it chooses," Wiles said. "However, the State of Georgia also has rights," the right to stop doing business with corporations who refuse to support organizations who exercise their right to freedom of association."