Boy Scouts Of America v. dale
Year: 2000
Result: 5-4, favor Boy Scouts of America
Related Constitutional issue/Amendment: 1st Amendment (expressive association)
Civil rights or Civil liberties: Civil rights
Significance/precedent: It was decided by the Court that the Boy Scouts’ 1st Amendment right of expressive association was violated by the application New Jersey’s public accommodations law. The New Jersey law prohibited discrimination on the basis of sexual orientation in places of public accommodations. The Boy Scouts of America were permitted to ban homosexual leaders because homosexuality goes against the values that the Boy Scouts, as a private organization, were trying to promote.
Quote from majority opinion: "Applying New Jersey's public accommodations law to require the Boy Scouts to admit Dale violates the Boy Scouts' First Amendment right of expressive association.The Boy Scouts asserts that homosexual conduct is inconsistent with the values it seeks to instill, and that a gay troop leader's presence would, at the very least, force the organization to send a message, both to the young members and the world, that the Boy Scouts accepts homosexual conduct as a legitimate form of behavior."
Summary of dissent: Justice Stevens dissents saying that the public accommodations law of New Jersey does not in any way overtly burden the Boy Scouts of America or force them to promote ideologies to which they are opposed. He goes on to say that in the actual Boy Scout handbook there is no mention of homosexuality; rather there is not direct mention.
6-word summary: Public accommodation, homosexuals: violates expressive association
Result: 5-4, favor Boy Scouts of America
Related Constitutional issue/Amendment: 1st Amendment (expressive association)
Civil rights or Civil liberties: Civil rights
Significance/precedent: It was decided by the Court that the Boy Scouts’ 1st Amendment right of expressive association was violated by the application New Jersey’s public accommodations law. The New Jersey law prohibited discrimination on the basis of sexual orientation in places of public accommodations. The Boy Scouts of America were permitted to ban homosexual leaders because homosexuality goes against the values that the Boy Scouts, as a private organization, were trying to promote.
Quote from majority opinion: "Applying New Jersey's public accommodations law to require the Boy Scouts to admit Dale violates the Boy Scouts' First Amendment right of expressive association.The Boy Scouts asserts that homosexual conduct is inconsistent with the values it seeks to instill, and that a gay troop leader's presence would, at the very least, force the organization to send a message, both to the young members and the world, that the Boy Scouts accepts homosexual conduct as a legitimate form of behavior."
Summary of dissent: Justice Stevens dissents saying that the public accommodations law of New Jersey does not in any way overtly burden the Boy Scouts of America or force them to promote ideologies to which they are opposed. He goes on to say that in the actual Boy Scout handbook there is no mention of homosexuality; rather there is not direct mention.
6-word summary: Public accommodation, homosexuals: violates expressive association