boy scouts of america v. dale
Year: 2000
Result: 5:4, for Boy Scouts of America
Related Constitutional issue/amendment: 1st amendment (expressive association)
Civil Rights or Civil Liberties: Rights
Significance/Precedent: Groups could choose with whom they would maintain membership, even if that means discriminating. New Jersey's public accommodations law, which prohibits sexual discrimination in public accommodations, did not apply because of the BSA's expressive association right and claim to be a private organization. They also claimed that an openly gay scout leader would send a message that they did not agree with and did not wish to publicize.
Quote from majority opinion: "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. Government actions that unconstitutionally burden that right may take many forms, one of which is intrusion into a group’s internal affairs by forcing it to accept a member it does not desire. Such forced membership is unconstitutional if the person’s presence affects in a significant way the group’s ability to advocate public or private viewpoints."
6-word summary: private organization excluded from discrimination law
Result: 5:4, for Boy Scouts of America
Related Constitutional issue/amendment: 1st amendment (expressive association)
Civil Rights or Civil Liberties: Rights
Significance/Precedent: Groups could choose with whom they would maintain membership, even if that means discriminating. New Jersey's public accommodations law, which prohibits sexual discrimination in public accommodations, did not apply because of the BSA's expressive association right and claim to be a private organization. They also claimed that an openly gay scout leader would send a message that they did not agree with and did not wish to publicize.
Quote from majority opinion: "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. Government actions that unconstitutionally burden that right may take many forms, one of which is intrusion into a group’s internal affairs by forcing it to accept a member it does not desire. Such forced membership is unconstitutional if the person’s presence affects in a significant way the group’s ability to advocate public or private viewpoints."
6-word summary: private organization excluded from discrimination law