V. Edmundo Lozano and Katie Bair Prof. John Holcomb January 6, 2010 1.

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Presentation transcript:

v. Edmundo Lozano and Katie Bair Prof. John Holcomb January 6,

Outline Facts – Dale’s Story Questions of Law – New Jersey and the Supreme Court Item 3 2

Dale’s Youth James Dale started scouting at 8 yrs old Dale became an eagle scout by age 18 By 1989 Dale applied to be a scoutmaster 3

Dale goes to College Dale attends Rutgers Dale becomes copresident of Lesbian/Gay Alliance In 1990 Dale attends a seminar 4

Dale’s in the newspaper! Dale gets interviewed by a newspaper The interview is published 5

Dale gets fired Dale’s scout membership gets revoked Reason: Scouts specifically forbid membership to homosexuals 6

Dale goes to Court New Jersey public accommodation statute prohibits discrimination based on sexual orientation 7

Key Facts Boy Scouts is a private, non-profit organization “Instills values in young people” Boy Scouts have a track record since 1978 that opposes homosexuality 8

New Jersey Supreme Court Boy Scouts are a place of public accommodation The forced inclusion of Dale does not affect the Boy Scout’s ability to carry out their purpose Boy Scouts petition for certiorari 9

Question of Law Does the New Jersey’s public accommodation statute in regards to sexual orientation violate the First Amendment’s right of freedom of association? 10