Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a landmark decision of the US Supreme Court, decided on June 28, 2000, that held that the constitutional right to freedom of association allowed the Boy Scouts of America (BSA) to exclude a homosexual person from membership in spite of a state law requiring equal treatment of homosexuals in public accommodations. More generally, the court ruled that a private organization such as the BSA may exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints". In a 5-4 decision, the Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message.
The ruling reversed a decision of the New Jersey Supreme Court that had determined that New Jersey's public accommodations law required the BSA to readmit assistant Scoutmaster James Dale, who had come out and whom the BSA had expelled from the organization for that reason. Subsequently, the BSA lifted their bans on gay scouts and gay leaders in 2013 and 2015, respectively.
Background
The Boy Scouts of America is a private, non-profit organization engaged in instilling its system of values in young people. At the time of the case, it asserted that homosexuality was inconsistent with those values.
When Dale was a student at Rutgers University, he became co-president of the Lesbian/Gay student alliance. In July 1990, he attended a seminar on the health needs of lesbian and gay teenagers, where he was interviewed. An account of the interview was published in a local newspaper in which Dale was quoted as saying he was gay. BSA officials read the interview and expelled Dale from his position as assistant Scoutmaster of a New Jersey troop. Dale, an Eagle Scout, filed suit in the New Jersey Superior Court, alleging, among other things, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The New Jersey Supreme Court ruled against the Boy Scouts, saying that they violated the State's public accommodations law by revoking Dale's membership based on his homosexuality. Among other rulings, the court (1) held that application of that law did not violate the Boy Scouts' First Amendment right of expressive association because Dale's inclusion would not significantly affect members' ability to carry out their purposes; (2) determined that New Jersey has a compelling interest in eliminating the destructive consequences of discrimination from society, and that its public accommodations law abridges no more speech than is necessary to accomplish its purpose; and (3) held that Dale's reinstatement did not compel the Boy Scouts to express any message.
The Boy Scouts appealed to the United States Supreme Court, which granted certiorari to determine whether the application of New Jersey's public accommodations law violated the First Amendment.
Counsel
Dale was represented by Evan Wolfson, an attorney and noted LGBT rights advocate. Wolfson has also worked on a number of high-profile cases seeking legal recognition of same-sex marriages. Also representing Dale on a pro bono basis was the New York-based law firm Cleary Gottlieb Steen & Hamilton.
The Boy Scouts of America were represented by attorney George Davidson, a partner in the New York-based law firm Hughes Hubbard & Reed. Davidson is a former president of the Legal Aid Society and chair of the Federal Defenders of New York.
Decision
The Supreme Court decided 5–4 for the BSA on June 28, 2000.