Love is love. It can be between men, women, or a woman and a man, but homosexuality isn’t always accepted in society. Boy Scouts of America vs. Dale continues to become a background case for the expressive association within the First Amendment for cases in the future.
This specific case is about the Boy Scouts having a leader that is a gay right activist while also being a homosexual. James Dale became one of the highest honors such as “25 merit badges, was admitted into the prestigious Order of the Arrow, and was awarded the rank of Eagle Scout” (“Discrimination”). Soon after high school graduation, he requested to be an adult leader. Soon went to college and joined gay activist group, Lesbian/Gay Alliance, while also coming out as a homosexual. …show more content…
Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. was the background case for the Boy Scout case. This specific case was in 1993 with the South Boston Allied War Veterans Council wouldn’t allow the group to express their pride in the St. Patrick’s Day parade. Massachusetts State created a Public Accommodations Law, so it was questioned if the First and Fourteenth Amendments were broke or if the Public Accommodations Law was broke. “The Massachusetts State Court ordered the Veterans' Council to include GLIB under a state law prohibiting discrimination on account of sexual orientation in public accommodations. The Veterans' Council claimed that forced inclusion of GLIB members in their privately-organized parade violated their free speech” (Hurley). The unanimous decision was in favor of the Irish-American Gay, Lesbian and Bisexual Group of Boston, …show more content…
Justice Stevens found his opinion, “New Jersey ‘prides itself on judging each individual by his or her merits’ and on being ‘in the vanguard in the fight to eradicate the cancer of unlawful discrimination of all types from our society.’ Since 1945, it has had a law against discrimination. The law broadly protects the opportunity of all persons to obtain the advantages and privileges “of any place of public accommodation.” The New Jersey Supreme Court’s construction of the statutory definition of a ‘place of public accommodation’ has given its statute a more expansive coverage than most similar state statutes. And as amended in 1991, the law prohibits discrimination on the basis of nine different traits including an individual’s “sexual orientation” (Stevens). He continues, “...The question in this case is whether that expansive construction trenches on the federal constitutional rights of the Boy Scouts of America (BSA). Because every state law prohibiting discrimination is designed to replace prejudice with principle” (Stevens). Here the opinion states what the law is protecting for every person and how everyone should be accepting no matter their
This specific case is about the Boy Scouts having a leader that is a gay right activist while also being a homosexual. James Dale became one of the highest honors such as “25 merit badges, was admitted into the prestigious Order of the Arrow, and was awarded the rank of Eagle Scout” (“Discrimination”). Soon after high school graduation, he requested to be an adult leader. Soon went to college and joined gay activist group, Lesbian/Gay Alliance, while also coming out as a homosexual. …show more content…
Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. was the background case for the Boy Scout case. This specific case was in 1993 with the South Boston Allied War Veterans Council wouldn’t allow the group to express their pride in the St. Patrick’s Day parade. Massachusetts State created a Public Accommodations Law, so it was questioned if the First and Fourteenth Amendments were broke or if the Public Accommodations Law was broke. “The Massachusetts State Court ordered the Veterans' Council to include GLIB under a state law prohibiting discrimination on account of sexual orientation in public accommodations. The Veterans' Council claimed that forced inclusion of GLIB members in their privately-organized parade violated their free speech” (Hurley). The unanimous decision was in favor of the Irish-American Gay, Lesbian and Bisexual Group of Boston, …show more content…
Justice Stevens found his opinion, “New Jersey ‘prides itself on judging each individual by his or her merits’ and on being ‘in the vanguard in the fight to eradicate the cancer of unlawful discrimination of all types from our society.’ Since 1945, it has had a law against discrimination. The law broadly protects the opportunity of all persons to obtain the advantages and privileges “of any place of public accommodation.” The New Jersey Supreme Court’s construction of the statutory definition of a ‘place of public accommodation’ has given its statute a more expansive coverage than most similar state statutes. And as amended in 1991, the law prohibits discrimination on the basis of nine different traits including an individual’s “sexual orientation” (Stevens). He continues, “...The question in this case is whether that expansive construction trenches on the federal constitutional rights of the Boy Scouts of America (BSA). Because every state law prohibiting discrimination is designed to replace prejudice with principle” (Stevens). Here the opinion states what the law is protecting for every person and how everyone should be accepting no matter their