Boy Scouts of America V. Dale

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Boy Scouts Of America v. Dale No. 99—699. Decided June 28, 2000 James Dale, an adult member of the Boy Scouts of America, was suing the Boy Scouts of America for sexual discrimination and claiming that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The Boy Scouts of America’s counter plea was that James Broke the Boy Scouts’ First Amendment right of expressive association rules on homosexual acts, making them the two rival parties in this case. The issue was that The Boy Scouts of America were known for raising “men” and asserts that homosexual conduct is inconsistent with those values. The scouts also prohibited any homosexual to be a troop leader. Dale who was a leader was a homosexual himself, and also a gay rights activist. It was known that he acted homosexually towards the boys and also had many boys join in being a gay rights activist. When The Boy Scouts of America caught hear of this, it was immediately taken to court. Opening in 1992,the court 1st went with Dale’s appeal stating that the Boy Scouts had violated the sexual basis law of Pennsylvania. Later this would be overturned because the Boy Scouts of America’s First Amendment right of expressive association clearly saying, "The Boy Scouts of America has always reflected the expectations that Scouting families have had for the organization. We do not believe that homosexuals provide a role model consistent with these expectations. Accordingly, we do not allow for the registration of avowed homosexuals as members or as leaders of the BSA." Not only this, but the fact that the Boy Scouts of America is a private association, it does not appeal to the law that deals with sexual discrimination in a public place. The New Jersey Supreme Court affirmed the judgment of the Appellate Division. It held

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