Boy Scouts v. Dale: Remanded For Further Proceedings Not Inconsistent With This Opinion

Boy Scouts v.
Dale ISSUES & RATIO:

Freedom of Association|June 28, 2000| Rehnquist, CJ.
1. WON applying New Jersey’s public accommodations statute in a way that
Nature of the Case: Appeal of a New Jersey SC decision Dale must be allowed BSA membership violates BSA’s First Amendment
Digest Maker: Lugo right of expressive association - YES
a. Forcing a group to accept certain member may impair the ability of
SUMMARY: James Dale became a member of the Boy Scouts of America (BSA) in the group to express those views, and only those views, that it
1981. He was admitted to its adult scoutsmanship in 1989. A year later, he intends to express. Thus, freedom of association plainly
acknowledged his being gay and became active in advocating for homosexual presupposes a freedom not to associate. The forced inclusion of an
teenagers. Because of this, the council executive James Kay of BSA had his adult unwanted person in a group infringes the group’s freedom of
membership revoked on the grounds that BSA “specifically forbids membership expressive association if the presence of that person affects in a
to homosexuals.” Since the time Dale joined BSA, it was clear that BSA’s Law and significant way the group’s ability to advocate public or private
Oath was interpreted as excluding homosexuals as not “clean” and “morally viewpoints.
straight.” The court then held that to require BSA to accept Dale as an adult b. To determine whether a group is protected by the First
scoutmaster runs afoul the Scouts’ freedom of expressive association. Amendment’s expressive associational right, it must be determined
DOCTRINE: An association must merely engage in expressive activity that could whether the group engages in “expressive association.
be impaired in order to be entitled to First Amendment’s protection. “Expressive c. According to their BSA’s Scout Oath: “…I will do my best…to keep
activity” is a group’s official position with regard to a certain conduct and it does myself…morally straight.” According to their Scout Law “A Scout
not matter whether or not this is espoused by every member of that group. is clean.”
d. Even though the words “morally straight” and “clean” do not
FACTS: expressly refer to sexuality or homosexual acts, BSA has previously
 James Dale entered scouting in 1978 at the age of eight by joining and continuously asserted that homosexual conduct is “inconsistent
Monmouth Council’s Cub Scout Pack 142. Dale became a Boy Scout in 1981 with the values embodied in the Scout Oath and Law, particularly
and remained a Scout until he turned 18. with the values represented by the terms “morally straight” and
 Dale applied for adult membership in the Boy Scouts in 1989. The Boy “clean.””
Scouts approved his application for the position of assistant scoutmaster. e. It is not the role of the courts to reject a group’s expressed values
 Later on, he quickly became involved with, and eventually became the co- because they disagree with those values or find them internally
president of a lesbian and gay organization. He attended a inconsistent.
seminar/interview addressing the needs of lesbian and gay teenagers. A 2. WON Dale’s presence as assistant scoutmaster significantly burden BSA’s
newspaper published his interview and photograph over a caption desire not to promote homosexual conduct - YES
identifying him as the co-president of the Lesbian/Gay Alliance. a. Dale, by his own admission, is one of a group of gay Scouts who
 Later that month, Dale received a letter from Council Executive James Kay have “become leaders in their community and are open and honest
revoking his adult membership. Dale wrote to Kay requesting the reason for about their sexual orientation.” Dale was the co-president of a gay
the Council’s decision. Kay responded by letter that the Boy Scouts and lesbian organization at college and remains a gay rights
“specifically forbid membership to homosexuals.” activist. Dale’s presence in the Boy Scouts would, at the very least,
 Dale filed a complaint against BSA. The complaint alleged that BSA had force the organization to send a message, both to the youth
violated New Jersey’s public accommodations statute revoking Dale’s members and the world, that the Boy Scouts accepts homosexual
membership based solely on his sexual orientation. New Jersey’s public conduct as a legitimate form of behavior.
accommodations statute prohibits, among other things, discrimination on
the basis of sexual orientation. RULING: The judgment of the New Jersey Supreme Court is reversed, and the cause
 BSA mainly contends that their revocation of Dale’s membership is remanded for further proceedings not inconsistent with this opinion.
warranted by their right to expressive association which is protected by the
First Amendment.
 Lower court held Dale’s membership does not significantly affect BSA’s
right to expressive association.

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Dale ISSUES & RATIO:

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