Boy Scouts of
America v. Dale, 530 US 640
Read the Full-Text Amicus Brief
Brief Filed: 3/00
Court: Supreme Court of the United States
Year of Decision: 2003
Issue: Whether the recent New Jersey Supreme Court's decision finding
that the Boy Scouts of America organization is subject to the State's Law Against
Discrimination and violated the law in expelling an assistant scoutmaster because
he stated publicly that he is gay, infringed the Boy Scouts' First Amendment right
to freedom of association
Index Topics: Sexual Orientation
Facts: James Dale, an assistant scoutmaster who was expelled after he
publicly declared he was homosexual, brought action under New Jersey's Law Against
Discrimination against the Boy Scouts of America seeking reinstatement and damages.
The Superior Court granted summary judgment for Boy Scouts of America. Dale appealed,
and on appeal the New Jersey Supreme Court held that: (1) the Boy Scouts of America
was a place of public accommodation subject to New Jersey's Law Against Discrimination,
(2) the Boy Scouts violated the law in expelling James Dale as an assistant Scoutmaster
because he stated publicly that he is gay, (3) the Boy Scouts organization was
not sufficiently personal or private to warrant constitutional protection under
freedom of intimate association, and (4) enforcement of the law did not violate
the Boy Scouts' freedom of expressive association or freedom of speech. The Boy
Scouts of America sought review by the US Supreme Court, which was granted on
January 13, 2000. At issue is the Boy Scouts' claim that the New Jersey decision
infringes upon its First Amendment right to freedom of association. According
to the Boy Scouts, scouting is intended to promote the mental, spiritual, and
moral health of scouts. The Boy Scouts' position (rejected by the New Jersey courts)
is that it should be free under the First Amendment to decide with whom it will
associate.
APA's Position: The APA's amicus brief addresses the lack of scientific
foundation to support the Boy Scouts' position that openly gay people are unsuited
to participate in scouting -- a position based on stereotypical assumptions regarding
the mental health, morality and character of gays, lesbians and bisexuals.
Result: The Supreme Court, in a 5-4 decision, ruled that applying New
Jersey's public accommodations law to require the Boy Scouts to admit Dale violates
the Boy Scouts' First Amendment right of expressive association. The judgment
was reversed, and the cause was remanded for further proceedings. Justices Stevens,
Breyer, Souter and Ginsberg dissented with Stevens writing a very long and carefully
reasoned dissent citing the APA brief.
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