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Among other rulings, the court held that application of that law did not violate the Boy Scouts' First Amendment right of expressive association because Dale's inclusion would not significantly affect members' ability to carry out their purposes determined that New Jersey has a compelling interest in eliminating the destructive consequences of discrimination from society, and that its public accommodations law abridges no more speech than is necessary to accomplish its purpose and distinguished Hurley v. The State Supreme Court affirmed, holding, inter alia, that the Boy Scouts violated the State's public accommodations law by revoking Dale's membership based on his avowed homosexuality. That court's Chancery Division granted summary judgment for the Boy Scouts, but its Appellate Division reversed in pertinent part and remanded. He filed suit in the New Jersey Superior Court, alleging, inter alia, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. Respondent Dale is an adult whose position as assistant scoutmaster of a New Jersey troop was revoked when the Boy Scouts learned that he is an avowed homosexual and gay rights activist. It asserts that homosexual conduct is inconsistent with those values. The Boy Scouts is a private, not-for-profit organization engaged in instilling its system of values in young people.
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Petitioners are the Boy Scouts of America and its Monmouth Council (collectively, Boy Scouts). He felt that Dale's sexual orientation thus would have a minimal impact on the appearance of the message that the organization sent.ĬERTIORARI TO THE SUPREME COURT OF NEW JERSEY No. Moreover, Scoutmasters were instructed not to discuss matters relating to sex with the Scouts but instead to refer them to others for guidance. He pointed out that there was nothing in the express policies or handbook of the Boy Scouts that voiced hostility to homosexuals or stated values inconsistent with being gay. Introducing federalism principles to his analysis, Stevens suggested that the New Jersey law allowed it to serve as a laboratory for experimentation, and that the Constitution should not interfere with a state in that regard. As a private, non-profit organization, the Boy Scouts had the right to send the message that they chose. He accepted the organization's claims about its beliefs, policies, and goals at face value, finding that it had taken an official policy on the issue that would clash with the presence of an assistant Scoutmaster who was openly homosexual. Whether the Court, the legislature, or the general public agreed with the organization's views should be irrelevant to the analysis, according to Rehnquist, as long as the organization's conduct was not illegal. It was not necessary for the promotion of such values to be the sole purpose of the organization for it to be classified as engaging in expressive activity. Finding that the Boy Scouts are such an organization, he observed that they have a clear central mission and plan activities designed to promote them. United States Jaycees, which extended this right to groups that engage in expressive activity. Rehnquist based his reasoning upon the 1984 decision in Roberts v.
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The First Amendment right to free association contains a corollary right to be free from unwanted association. The court also felt that other members still could promote the viewpoints that they chose despite Dale's inclusion. The state had a compelling interest in protecting citizens from accommodation and had chosen a means of pursuing that objective that was narrowly tailored to not infringe on more speech than necessary. It found that the New Jersey law was constitutional under the First Amendment because it passed the strict scrutiny test. The state court agreed with Dale and ordered the Boy Scouts to reinstate him. Dale responded by arguing that this was sexual orientation discrimination that was impermissible under New Jersey's law on public accommodations. When Boy Scouts officials discovered this information, they removed him from his Scoutmaster position and revoked his membership. Homosexuality was perceived by the Boy Scouts as being incompatible with their efforts to promote certain values. In a related interview, Dale revealed that he was gay.
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He became active in organizations that advocated for gay and lesbian rights during his time at Rutgers. James Dale was a student at Rutgers University and an Eagle Scout in the Boy Scouts of America who served as assistant Scoutmaster of a New Jersey troop.