BOY SCOUTS OF AMERICA V. DALE
The Process
- The case started in the state court
- Boy Scouts went to the Supreme Court
- William R.- by allowing Dale to be a part of the organization, they sent a message.
- "morally straight" and "clean", specific enough
On What Grounds?
- Dale-had violated a civil rights law that prohibited any “public accommodation” from discriminating on the basis of sexual orientation.
- Boy Scouts-own policy statements depicting homosexual conduct as inconsistent with the requirement that a Scout be “morally straight” and “clean.” As well as the First Amendment (Freedom of Association)
HISTORY
- Does the Boy Scouts' First Amendment right to expressive association to restrict homosexuals from being a part of the organization trump New Jersey's public accommodations law?
- James Dale was an Eagle Scout
- James Dale identifies as gay as well as a co-leader of a pro LGBTQ rights group
- Dale spoke out about being gay and was removed form the Boy Scouts
- "morally straight" and "clean"
Official Cite
- Boy Scouts V. Dale 530 US 640 (2000)
Yes. The boy scouts won 5-4 in the Supreme Court
https://www.oyez.org/cases/1999/99-699