Discrmination
Throughout the years of US history there have been countless acts of discrimination, of all sorts, and there have been an immense amount of cases filed in regards to these acts. Although it is commonly believed that discrimination is always illegal, the courts have repeatedly upheld discrimination in some circumstances but not in others. In the case of Roberts vs. U.S. Jaycees and the United States vs. Virginia et al. the courts ruled organizations could not exclude women but in the case of Boy Scouts of America vs. Dale, the court ruled the Boy Scouts did not violate Dale's rights by excluding him from being a troop in the Boy Scouts.In 1984 there was the Supreme Court case of Roberts vs. U.S. Jaycees. The United States Jaycees was founded in 1920 in order to promote and foster the development of young men through civic and charitable works. The dilemma this group faced was that it restricted its voting membership to men only, and of the ages 18 to 35. Hence, women were discriminated upon because of this limit. The Human Rights Act of Minnesota denied discrimination on the grounds of race, color, creed, religion, disability, and natural origin, in public accommodations. However, more importantly it denied discr
imination on the grounds of sex. (Roberts vs. US, in Voices of Diversity, p. 155). On April 26, 2000, Dale, an adult who was an assistant scoutmaster of a New Jersey Boy Scout troop. He filed a suit against the Boy Scouts of America when his position was revoked. The Boy Scouts had learned that Dale was a homosexual and gay rights activist and this led to his dismissal. Dale argued that the Boy Scouts had violated the state statue prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The Boy Scouts are a private, not-for-profit organization engaged in instilling its system of values in young people. It claimed that homosexual behavior is contradictory with those values. (Boy Scouts of America Handout, p. 1). The NJ Supreme Court tried to rule that by revoking Dale's membership on the basis of his sexual orientation they were in violation of the State's public accommodations law. They further stated that application of that law did not violate the Boy Scouts' 1st Amendment right of expressive association because Dale's presence would not radically affect members' ability to carry out their purposes. It was later ruled that the application if NJ's public accommodations law, requiring the admittance of Dale is in violation of the Boy Scouts' 1st Amendment right of expressive association. "Government actions that unconstitutionally burden that right may take many forms, one of which is intrusion into a group's internal affairs by forcing it to accept a member it does not desire. Such forced membership is unconstitutional if the person's presence affects in a significant way the group's ability to
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Approximate Word count = 1111
Approximate Pages = 4 (250 words per page double spaced)
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