In the year 2000, a case came to the floor of the Supreme Court dealing with interpretation of the First Amendment. In a country of the free, we are plagued by discrimination daily. The targets have shifted over the years. Religion and race seem to be the ever-present discriminatory subjects. Though religious groups also cause hate of those who are different in sexual orientation. In this case a man named James Dale lost his life long built rank and honor as an Eagle Scout and assistant scout master. The BSA, who has religious bases, removed this man from the ranks due to his sexual orientation. James Dale sued the BSA, where New Jersey law against discrimination held in favor of Dale. That is until the BSA made as appeal to the Supreme Court to have the case looked over again, feeling that the state of New Jersey had violated their First Amendment right to freedom of association. The ruling was reversed in favor of the BSA that they are well within their constitutional right to freedom of association. The case of Boy Scouts of America v.
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Dale began from the discovery of an eagle scout amongst the ranks of the Boy Scouts of America. The scout, who was openly gay and a gay rights activist, received a letter from the BSA first asking him to become an assistant troop leader. He had begun the scouts in the year 1978 and remained a scout until the year 1990, and in that time achieving the highly-respected rank of Eagle scout. In 1990 he received a letter, again from the BSA, disavowing him from the ranks. The explanation given to the court being that “homosexual conduct is inconsistent with the values it seeks to instill.” (1) Two years later Dale files a complaint with the BSA and explains that this action was in violation of the New Jersey law prohibiting discrimination by sexual orientation. Now this did go to an argument in New Jersey, with the state of New Jersey stating that the BSA was in the wrong and infringing on Dale’s 1st amendment rights. However, when brought to the Supreme Court, the ruling was reversed and the ruling was in favor of the BSA. The Supreme Court ruled that the BSA are fully within their right to freedom of association. The case was won for the BSA by a vote of 5-4. The argument for the petitioners is as such, the BSA is fully in their right to expressive association being a public, non-profit service not controlled by the government. The issue here is that by New Jersey law the BSA is required to reinstate Dale, and it was unlawful to remove him from the ranks in the first place. However, this, the Supreme Court found, is infringing upon the BSA’s first amendment rights. The technicality here is that the bill of rights in this case only prohibits the government from infringing upon the people’s freedoms. Therefore, the state legislature of New Jersey was truly wrong in the eyes of the law. On the other hand, Dale has the same right to freedom of expression. Dale is being discriminated against for his “beliefs” in this situation. The dissenting opinion of the court stated this; “we said that public accommodations laws are well within the State's usual power to enact when a legislature has reason
Dale began from the discovery of an eagle scout amongst the ranks of the Boy Scouts of America. The scout, who was openly gay and a gay rights activist, received a letter from the BSA first asking him to become an assistant troop leader. He had begun the scouts in the year 1978 and remained a scout until the year 1990, and in that time achieving the highly-respected rank of Eagle scout. In 1990 he received a letter, again from the BSA, disavowing him from the ranks. The explanation given to the court being that “homosexual conduct is inconsistent with the values it seeks to instill.” (1) Two years later Dale files a complaint with the BSA and explains that this action was in violation of the New Jersey law prohibiting discrimination by sexual orientation. Now this did go to an argument in New Jersey, with the state of New Jersey stating that the BSA was in the wrong and infringing on Dale’s 1st amendment rights. However, when brought to the Supreme Court, the ruling was reversed and the ruling was in favor of the BSA. The Supreme Court ruled that the BSA are fully within their right to freedom of association. The case was won for the BSA by a vote of 5-4. The argument for the petitioners is as such, the BSA is fully in their right to expressive association being a public, non-profit service not controlled by the government. The issue here is that by New Jersey law the BSA is required to reinstate Dale, and it was unlawful to remove him from the ranks in the first place. However, this, the Supreme Court found, is infringing upon the BSA’s first amendment rights. The technicality here is that the bill of rights in this case only prohibits the government from infringing upon the people’s freedoms. Therefore, the state legislature of New Jersey was truly wrong in the eyes of the law. On the other hand, Dale has the same right to freedom of expression. Dale is being discriminated against for his “beliefs” in this situation. The dissenting opinion of the court stated this; “we said that public accommodations laws are well within the State's usual power to enact when a legislature has reason