Boy Scouts of America V. Dale Facts: Dale’s position as an adult scoutmaster was revoked when the Boy Scout learned that he was an “avowed homosexual” and a gay rights activists. New Jersey’s public accommodation law, which prohibits discrimination on the basis of sexual orientation, was interpreted by New Jersey Courts to prohibit the Boy Scouts from revoking Dale’s membership. Issue: Does the New Jersey public accommodation law infringe on the Boy Scout’s 1 st right amendment right of expressive association? Holding: The Supreme Court reversed the New Jersey Courts in a 5-4 decision. Holding that this application of the New Jersey public accommodations law violates the Boy Scouts first amendment rights of expressive association. Rationale: Chief Justice Rehnquist gave the opinion of the court: “implicit in the right to engage activities protected by the First Amendment is a corresponding right to associate with others in pursuit of a wide variety of political, economic, educational, religious, and
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This note was uploaded on 01/12/2011 for the course COMM 452 taught by Professor Staff during the Fall '08 term at University of Michigan.