Boy Scouts of America vs. Dale

A detailed Summary of Boy Scouts of America vs. Dale

Boy Scouts of America et al. v. Dale

No. 99-699 Argued April 26, 200- Decided June 28, 2000

In order to explain this court case and why it is so important, it is necessary to look at the history behind it. In July of 1990 James Dale an assistant scoutmaster, and Boy Scout since age eight, was informed that his adult membership to the Boy Scouts of America had been revoked. He was working with Troop 73 in New Jersey in addition to attending Rutgers University. This revocation was a direct result of his involvement with the Rutgers University Lesbian/ Gay alliance, after Dale's words of support and representation for this group were published in a newspaper in early June of 1990. The case as it was argued had one main concern.

Lawyers for the Scouts told the court that the Boy Scouts, as a private organization like churches or other religious groups, has the constitutional protection to dictate the standards for its leaders and members. But the lawyer for James Dale, the former Scout leader, says the Boy Scouts is a public accommodation group with large support from governmental agencies, and as such cannot discriminate on the basis of a person's sexual orientation. "When the Boy Scouts says 'We are open to all, all means a

He argued that it was not the role of the Court to second-guess an organization's assessment of its expressive purpose and noted that, "it appears that homosexuality has gained greater societal acceptance. ... But this is scarcely an argument for denying First Amendment protection to those who refuse to accept those views." The justices appeared weary of the claims made by both sides, asking the Scouts why someone could be dismissed simply for being gay, and grilling Dale's lawyers as to why the Scouts cannot dictate its own leadership standards.

Several justices, led by Sandra Day O'Connor and Anthony M. Kennedy, questioned how the Scouts could dismiss homosexuals when no official policy had been written banning them from membership or leadership. O'Connor wanted to know if the New Jersey law could be used to force the Scouts to accept women, for example, and Justice Stephen G. Breyer asked if religious groups might be forced to accept members of other faiths under the law. Justice Ruth Bader Ginsburg expressed concern that the scouting organization was singling out homosexuals for their views and would not take similar action against heterosexuals who disagree with the Scouts' antigay stance.

Dale sued, and after a lengthy legal battle the New Jersey Supreme Court agreed that the Boy Scouts had violated the state's an

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Approximate Word count = 898
Approximate Pages = 4 (250 words per page double spaced)

Category: History