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Boy Scouts of America vs. Dale
Legal Principles
Dale's Decision
- The Freedom association includes the freedom not to associate with certain individuals and ideas.
- The First Amendment protects freedom association rights
- In order to qualify for free- association protection, a group has to engage in an expressive association.
Dale sued the Boy Scouts of America in defense of state laws that prohibited places of public accommodation from discriminating sexual orientation.
BSA Pledge
First Amendment
Supreme Court Case
- The Boy Scouts of America violated the first amendment by refusing to the right of expression of association.
Vocabulary
- Equality of results- Equal opportunity for Dale's right to be a scoutmaster.
- Wall-of-Separation- Dismissed in first trial because it favored the BSA through a biblical and historical perspective on homosexuals.
- Affirmative Action- Those who tend to suffer from discrimination.
Results
Issue:
Can a state require the Boy Scouts of America to appoint a gay scoutmaster without breaking the organization's free speech rights?
Supreme Court ruled a 5 to 4 vote that the Boy scouts violated free-association rights and applied a public accommodation law to enforce the BSA to except homosexuals.
Background
James Dale 2000
James Dale -
- 1989, earned his Eagle Scout badge, became an assistant scoutmaster
- attended Rutgers University - revealed his sexual orientation during a speech for the Lesbian/Gay Alliance group
- 1990, Dale's membership with the Boy Scouts was revoked - the reason being that it was against the rules of the organization to have a homosexual scoutmaster
Trail Life USA
Founded 2013
BSA changed their policy, allowing gay members into the organization
This change sparked the creation of the Christian-based foundation Trail Life USA - the foundation's goals are similar to those of BSA; however, they do exclude those of non-Christian faith and those that go against their "Statement of Faith" (homosexuals).