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Boy Scouts of America vs. Dale
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Boy Scouts of America vs. Dale
The Issue
Can an organization be forced to accept a member whose activities/beliefs may be against the nature of the program?
Does a private organization have to accommodate to the New Jersey law of anti-sexual orientation public discrimination?
Background
Decision
- Defense of Marriage Act (DOMA) put into place 4 years prior, setting back gay rights
- Although, two months before ruling, the first state legalized same-sex civil unions
- Decision made June 28th 2000
- 5-4 Boy Scouts of America won
- New Jersey Law was only into affect on public facilities, therefore making it legal for Boy Scouts to kick Dale out
What happened?
What does this mean?
It is legal for discrimination of sexual-orientation to happen in a place of privacy, and the Unites States government cannot force private programs to accept openly gay members
Impact
In the United States, BSA vs Dale got the discussion going about gay discrimination, although it may have been a set back as far as legal terms, it allowed for the LGBT movement to advance in intensity
- 1990- James Dale forced out of Eagle Scouts after administrators discovered his sexual orientation
- Dale took the Boy Scouts to court in New Jersey, and kept appealing rulings until the Supreme Court accepted his case in January of 2000
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