Boy Scouts Of America Vs. Dale Case Study

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Boy Scouts of America v. Dale is a Supreme Court case that occurred in 2000. The question of the case was whether or not the application of New Jersey’s public accommodations law violated the Boy Scouts’ First Amendment right of expressive association to bar homosexuals from serving as troop leaders. Prior to the case, James Dale was the assistant scoutmaster of Troop 73. He had been an Eagle Scout, and after reaching the age limit at which he could be a member of the Boy Scouts, joined the adult division as an assistant. Around the time he joined the adults in Boy Scouts, he also left home to attend Rutgers University. After his arrival at the university, he openly came out as gay. He quickly became involved with the gay community, joining …show more content…
He alleged that the Boy Scouts violated the New Jersey statute prohibiting discrimination based on sexual orientation in places of public accommodation. In response, the Boy Scouts held that allowing homosexuals to have a membership was inconsistent with the values they were trying to instill in young boys. The court ruled in favor of the Boy Scouts, saying that the accommodations law was inapplicable because the Boy Scouts was not a place of public accommodation. They also concluded that the Boy Scouts’ stance on homosexuality was clear and held that the First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as a member. However, the New Jersey Superior Court’s Appellate Division held that New Jersey’s public accommodation law did apply to the Boy Scouts, and that they had violated it. The New Jersey Supreme Court affirmed this judgement, and ruled that the circumstances under which Dale was removed from the Boy Scouts violated the public accommodations law. After this loss in the state court, the Boy Scouts petitioned the Supreme Court for a writ of certiorari on whether or not the application of the public accommodations law violated the First …show more content…
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Gearey, Davd P. “New Protections after Boy Scouts of America v Dale: A Private University’s First Amendment Right to Pursue Diversity.” The University of Chicago Law Review, vol. 71, no. 4, 2004, pp. 1583-604. Google Scholar, chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=5276&context=uclrev. Accessed 27 Mar. 2018.
Hanley, Robert. “Appeals Court Finds in Favor of Gay Scout.” The New York Times [New York], 3 Mar. 1998. The New York Times, www.nytimes.com/1998/03/03/nyregion/appeals-court-finds-in-favor-of-gay-scout.html. Accessed 29 Mar.

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