Boy Scouts Of America Vs. Dale Case Study

Boy Scouts of America v. James Dale has been one of the most controversial cases of the 21st century. The 1st Amendment rights of private organizations were challenged as The Boy Scouts of America banned a former leader and Eagle Scout after learning that he, James Dale, was openly homosexual and a gay rights activist. James Dale then sued the Boy Scouts for violation of a New Jersey’s law that protects individuals against discrimination. The case worked its way up the Supreme Court and was decided that the Boy Scouts have the right to not accept homosexuals through their 1st Amendment right of expressive association because the leader would set a bad example and not represent scouting values. The court also ruled that Scouts could ban homosexuals

Justice John Paul Stevens believed that by allowing the Boy Scouts to ban homosexuals, the Supreme Court is allowing the organization to be superior over the New Jersey anti-discrimination laws in place. The judges all agreed that the Boy Scouts have a right to advocate their opinions as a group. However, Souter claims that the Boy Scouts should not be considered to have an expressive association case because the organization does not specifically make sexual orientation a topic to be advocated against. Steven’s acknowledged that the Boy Scouts have a list of morals to live by in their Scout Oath and Law, and that none of the principals such as “morally strait” or to be “clean” to refer to homosexuality. Therefore without expressive association being questioned, this case simply deals with anti-discrimination against a sexual orientation. (Boy Scouts,

Dale is the case Roberts v. US Jaycees. In this case two chapters of the Jaycees organization admitted women as full members when they are supposed to have limited associate membership under a Minnesota state law. The Supreme Court unanimously decided that the Jaycee chapters did not have distinct characteristics that allowed them to exclude women. The court also found that the Minnesota law did not discriminate against women ("Roberts v. United States Jaycees," 2017). Therefore this case emphasizes difference between being a private organization with distinct characteristics such as the Boy Scouts and a normal