Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America (BSA) to readmit assistant Scoutmaster James Dale. When he was a student at Rutgers University, Dale became copresident of the Lesbian/Gay student alliance. Then, in July 1990, he attended a seminar on the health needs of lesbian and gay teenagers. During the seminar he was interviewed, and the work was subsequently published. He was expelled from Scouting after BSA officials read the interview in a local newspaper and Dale was quoted as stating he was gay. The Supreme Court held that the lower court's decision unconstitutionally violated
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| - Boy Scouts of America v. Dale
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| - Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America (BSA) to readmit assistant Scoutmaster James Dale. When he was a student at Rutgers University, Dale became copresident of the Lesbian/Gay student alliance. Then, in July 1990, he attended a seminar on the health needs of lesbian and gay teenagers. During the seminar he was interviewed, and the work was subsequently published. He was expelled from Scouting after BSA officials read the interview in a local newspaper and Dale was quoted as stating he was gay. The Supreme Court held that the lower court's decision unconstitutionally violated
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| - O'Connor, Scalia, Kennedy, Thomas
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| - Boy Scouts of America et al. v. Dale
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| Holding
| - A private organization is allowed, under certain criteria, to exclude a person from membership through their First Amendment right to freedom of association in spite of state antidiscrimination laws.
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| - Souter, Ginsburg, Breyer
- Ginsburg, Breyer
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| - Boy Scouts of America and Monmouth Council, et al., Petitioners v. James Dale
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| abstract
| - Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America (BSA) to readmit assistant Scoutmaster James Dale. When he was a student at Rutgers University, Dale became copresident of the Lesbian/Gay student alliance. Then, in July 1990, he attended a seminar on the health needs of lesbian and gay teenagers. During the seminar he was interviewed, and the work was subsequently published. He was expelled from Scouting after BSA officials read the interview in a local newspaper and Dale was quoted as stating he was gay. The Supreme Court held that the lower court's decision unconstitutionally violated the rights of BSA, specifically the freedom of association, which allows a private organization to exclude whomever it wishes. The case was argued on April 26, 2000 and was decided on June 28, 2000. Dale was represented by Evan Wolfson, an attorney and noted gay/lesbian rights advocate. In addition to representing Dale, 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 current chair of the Federal Defenders of New York.
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