Boy Scouts of America v Dale

By: Sarah Jaskie

Facts

• James Dale a member of BSA(Boy Scouts of America) was expelled from BSA after he came out as gay in a newspaper.

• BSA is a private organization that opposes LGBTQs and such lifestyles.

• Dale took it to the New Jersey Supreme Court for discrimination.

• BSA took it to the Federal Supreme Court for freedom of association.

• Supreme Court ruled in favor of BSA

Issues• What freedom or right was at issue?The freedom of Association • Why was it at issue?The New Jersey Supreme Court ruled that BSA could not discriminate

against sexual orientation even though BSA is a private organization• How and why did the Supreme Court decide the case as it did?The Supreme Court ruled that because BSA is private and because

being gay harms the message they are trying to send with there organization the New Jersey Supreme Court violated their freedom of association.

• How did this case change how we understand or interpret the Constitution/Amendments?

Its going to piss some people off, but some rights are put in place to benefit everyone at some point.