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homocase - due to his sexual preference Legal Issue Can the...

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Professor L. Joel LGL 103. Ligia Halvorsen Case name and citation: Dale v. Boys Scouts of America (BSA) 308 N.J. Super . 516 (App. Div. 1998) Procedural History: Plaintiff alleges that his constitutional rights were violated based on his sexuality. The Defendants felt that their first amendment right was been violated and asked the Superior court to revise the decision that was previously made concerning acceptance of homosexuals in BSA. Facts: Plaintiff had been an active participant with the BSA organization since he was eight years old and earn the right to become an assistant scout master. In 1990 the Plaintiff gave an interview to the Star Ledger concerning the psychological and health needs of lesbians and gay teenagers, he was the co-president of the Rutgers University lesbian/gay alliance. After his photo was publicized the BSA organization sends him a letter revoking the Plaintiff membership
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Unformatted text preview: due to his sexual preference. Legal Issue: Can the BSA revoke the Plaintiff membership on the grounds of sexual orientation? Is BSA’s freedom of association being violated? Court’s Holding: No, the BSA cannot revoke the Plaintiff membership on the grounds of his sexual preference and their freedom of association is not being violated. Court’s Reasoning: BSA is a federally chartered corporation since 1910, throughout 87 Million people have joined. BSA is consistent with its policies leaving religion and sexual responsibilities to church and home further more BSA membership is free to any boy that meets various age requirements. It is concluded that the New jersey Law Against Discrimination (LAD), N.J.S.A.10:5-1 to -49, prohibits BSA, a place of public accommodation, to extrude a member based solely on his sexual orientation....
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