2. Background of Case
James Dale was revoked of his Boy Scouts of
America membership due to the fact that he was a
homosexual and a gay rights activist. The BSA
defended this decision by stating it goes against their
moral values in which the BSA represents and stands
for. They believed that having him as a Scout Master
he would institute and pass on values that the BSA
does not approve of.
3. What part of the constitution is being violated in
this case?
The Boy Scouts first amendment of the right to
expressive association was being violated if BSA had
to allow James Dale to become scout master. Later
on the Supreme Court stated that they have the
ability to bar homosexuals because it infringes on the
right of association, and they should not have to
accept members in which their beliefs due not match
the BSA’s own.
4. What is the original question being answered?
Does the application of New Jersey's public
accommodations law violate the Boy Scouts' First
Amendment right of expressive association to bar
homosexuals from serving as troop leaders?
5. When did this court case make it to the Supreme
Court?
This case made it to Supreme Court in 2000. It was
argued on April 26, 2000 and then decided on June 28,
2000.
Chief Justice William Rehinquist wrote the 5-4 opinion
which was in favor for the BSA. He was joined by Justices
Sandra Day O’Connor, Antonin Scalia, ANTHONY M. KENNEDY,
and Clarence Thomas. Justices DAVID H. SOUTER, Ruth
Bader Ginsburg, and STEPHEN G. BREYER joined Stevens in
the dissent.
6. What was the final decision?
The final decision of this court case, BSA v Dale, was that
of a 5-4 decision in favor of the Boy Scouts of America.
The Supreme Court concluded that the BSA has the
constitutional right of expressive association and can bar
homosexuals from serving as scout masters since it goes
against the values in which they try to instill.
7. What was the impact on the people in the United
States?
This case caused the people of the United States to
realize that the BSA does have a right to bar homosexuals
since it would violate their right of expressive association
if they were forced to allow them. Although it was an
unpopular decision, the BSA have the constitutional right
to do this.
