This case deals with the Plaintiff's expulsion from his position as Assistant Scoutmaster in a Boy Scouts of America (henceforth called "BSA") troop due to his status as an active homosexual. Dale, the Plaintiff, was serving as an Assistant Scoutmaster in 1990, when, due to a local newspaper article, it was discovered by officials in the local Monmouth BSA Council that he was an active homosexual. A letter was sent to Dale by the Council, notifying him of their decision to revoke his membership in the organization. Dale sent a letter in response, asking why this action was taken. The Council then notified Dale that his homosexual activities made him ineligible for membership in the BSA, as well as making him ineligible to serve as an adult leader. In September 1990, Dale contacted the BSA Regional Director, requesting a review of the expulsion decision. The Regional Director's office responded to Dale via letter, notifying him of the Director's decision to support the Council's action, and also notifying him of the National BSA Council's pending review of the case.
New Jersey Superior Court Analysis
Rather than wait for the National Council's decision, Dale filed a lawsuit in the New Jersey Superior Court against the BSA in July 1992. In the lawsuit, Dale claimed that the BSA is a place of public accommodation, and as such, violated the New Jersey Laws Against Discrimination (LAD). LAD states the following: "All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed...
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...significant precedent. It is also quite conceivable that Dale will last no longer than the current class of Supreme Court Justices. Assuming a few more years, it is doubtful that Dale would have been decided the same. One never knows. Perhaps this case will be seen as another Plessy v. Ferguson.
New Jersey Supreme Court. Dale v. Boy Scouts of America et. al. URL: http://lawlibrary.rutgers.edu/courts/supreme/a-195-97.opn.html
Superior Court of New Jersey-Appellate Division. Dale v. Boy Scouts of America et. al. URL: http://lawlibrary.rutgers.edu/courts/appellate/a2427-95.opn.html
United States Supreme Court. Boy Scouts of America et. al. v. Dale. URL:http://usgovinfo.about.com/newsissues/usgovinfo/gi/dynamic/offsite.htm?site=http://caselaw.findlaw.com/cgi%2Dbin/getcase.pl%3Fcourt=US%26amp%3Bnavby=case%26amp%3Bvol=000%26amp%3Binvol=99%2D699
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