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Constitutional Law Keyed to Choper
Boy Scouts of America v. Dale
Citation:
530 U.S. 640 (2000)Facts
James Dale joined the Boy Scouts at age eight and remained active until he turned eighteen, earning the rank of Eagle Scout. In 1989, BSA approved his application to be an assistant scoutmaster. While attending Rutgers University, Dale acknowledged his homosexuality and became co-president of the university’s Lesbian/Gay Alliance. In 1990, he attended a seminar on the psychological needs of homosexual teenagers, and a newspaper published an interview with Dale, identifying him as the co-president of the gay student group. Shortly thereafter, BSA revoked Dale’s adult membership, stating that BSA “specifically forbid membership to homosexuals.” Dale filed suit, alleging that BSA had violated New Jersey’s public accommodations law, which prohibits discrimination on the basis of sexual orientation. BSA defended its position by asserting that homosexual conduct was inconsistent with the values it sought to instill, citing its Scout Oath requiring Scouts to be “morally straight” and the Scout Law requiring Scouts to be “clean.”
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