United States V. Dale (2000)
Published on Nov 18, 2015
No Description
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
BOY SCOUTS OF AMERICA V. DALE (2000)
HOMOSEXUALITY BARRED
~The Gist~
Boy Scouts of America revoked the membership of James Dale once the organization found out that he was a homosexual man and a gay activist, fearing that he would instill those morals into the youth.
Question
"Does the application of New Jersey's public accommodations law violate the Boy Scouts' First Amendment right of expressive association to bar homosexuals from serving as troop leaders?"
"Does the application of New Jersey's public accommodations law violate the Boy Scouts' First Amendment right of expressive association to bar homosexuals from serving as troop leaders?"
The amendment that is being reviewed is the first amendment (speech, assembly, and press)
Photo by smlp.co.uk
Yes. In a 5-4 opinion delivered by Chief Justice William H. Rehnquist, the Court held that "applying New Jersey's public accommodations law to require the Boy Scouts to admit Dale violates the Boy Scouts' First Amendment right of expressive association." In effect, the ruling gives the Boy Scouts of America a constitutional right to bar homosexuals from serving as troop leaders.
The New Jersey Law Against Discrimination (LAD) prohibits an owner, manager, or employee of any place that offers goods, services and facilities to the general public, such as a restaurant, hotel, doctor's office, camp, or theater, from directly or indirectly denying or withholding any accommodation, service, benefit, or privilege to an individual because of that individual's race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, or disability. Further, individuals accompanied by a guide or service dog are entitled to full and equal access to all places of public accommodation.
Photo by cdsessums
π
Photo by @yakobusan Jakob Montrasio εδΊζ―
