Boy Scouts of America v. Dale
| Boy Scouts of America et al. v. Dale | |
|---|---|
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| Argued April 26, 2000 Decided June 28, 2000 |
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| Full case name | Boy Scouts of America and Monmouth Council, et al., Petitioners v. James Dale |
| Citations | 530 U.S. 640 (more) |
| Subsequent history | 160 N. J. 562, 734 A. 2d 1196, reversed and remanded |
| Holding | |
| A private organization is allowed, under certain criteria, to exclude a person from membership through their First Amendment right to freedom of association in spite of state antidiscrimination laws. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas |
| Dissent | Stevens, joined by Souter, Ginsburg, Breyer |
| Dissent | Souter, joined by Ginsburg, Breyer |
| Laws applied | |
| U.S. Const. amend. I | |
Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a case of the Supreme Court of the United States decided on June 28, 2000, that held that the constitutional right to freedom of association allows a private organization like the Boy Scouts of America (BSA) to exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints." In a five to four decision, the Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message. It reversed a decision of the New Jersey Supreme Court that had determined that New Jersey's public accommodations law required the BSA to readmit assistant Scoutmaster James Dale, who had made his homosexuality public and whom the BSA had expelled from the organization.
The Boy Scouts of America is a private, non-profit organization engaged in instilling its system of values in young people. At the time of the case, it asserted that homosexuality was inconsistent with those values.
When Dale was a student at Rutgers University, he became co-president of the Lesbian/Gay student alliance. In July 1990, he attended a seminar on the health needs of lesbian and gay teenagers, where he was interviewed. An account of the interview was published and in a local newspaper and Dale was quoted as stating he was gay. BSA officials read the interview and expelled Dale from his position as assistant Scoutmaster of a New Jersey troop. Dale, an Eagle Scout, filed suit in the New Jersey Superior Court, alleging, among other things, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The New Jersey Supreme Court ruled against the Boy Scouts, saying that they violated the State's public accommodations law by revoking Dale's membership based on his homosexuality. Among other rulings, the court (1) held that application of that law did not violate the Boy Scouts' First Amendment right of expressive association because Dale's inclusion would not significantly affect members' ability to carry out their purposes; (2) determined that New Jersey has a compelling interest in eliminating the destructive consequences of discrimination from society, and that its public accommodations law abridges no more speech than is necessary to accomplish its purpose; and (3) held that Dale's reinstatement did not compel the Boy Scouts to express any message.
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