The Boy Scouts of America V. Dale By, Eric Pfeiffer

Facts  Boy Scouts of America Revoked James Dales membership to the organization due to the fact that he was a Homosexual.  Dale filed suit against the Boy Scouts, alleging that the Boy Scouts had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation.  Boy Scouts of America Revoked James Dales membership to the organization due to the fact that he was a Homosexual.  Dale filed suit against the Boy Scouts, alleging that the Boy Scouts had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation.

Facts Cont.  The Boy Scouts Argued that Homosexuality would be instilled in the young people.  The New Jersey Superior Court concluded that the Boy Scouts' First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as a leader.  The Boy Scouts' First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as an adult leader, and that the Boy Scouts violated it by revoking Dale's membership because of his homosexuality.  The Boy Scouts Argued that Homosexuality would be instilled in the young people.  The New Jersey Superior Court concluded that the Boy Scouts' First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as a leader.  The Boy Scouts' First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as an adult leader, and that the Boy Scouts violated it by revoking Dale's membership because of his homosexuality.

Supreme Court  The court rejected the Boy Scouts' federal constitutional claims.  The New Jersey Supreme Court affirmed.  The court rejected the Boy Scouts' federal constitutional claims.  The New Jersey Supreme Court affirmed.

Conclusion Conclusion  The court held that the public accommodations law did not violate the Boy Scouts' First Amendment right of expressive association.  Dale did not compel the Boy Scouts to express any message.  The court held that the public accommodations law did not violate the Boy Scouts' First Amendment right of expressive association.  Dale did not compel the Boy Scouts to express any message.

Conclusion Cont.  The Boy Scouts won in a 5 to 4 opinion.  It violated the Boy Scouts First Amendment right of Expressive Association.  The Ruling gave the Boy Scouts the right to bar Homosexuals from serving as troop leaders.  The Boy Scouts won in a 5 to 4 opinion.  It violated the Boy Scouts First Amendment right of Expressive Association.  The Ruling gave the Boy Scouts the right to bar Homosexuals from serving as troop leaders.