Dale v. Boy Scouts of America: Whether the Application of New Jersey's Public Accommodations Law, Forcing the Boy Scouts to Include an Avowed Homosexual, Violates the Scouts' First Amendment Freedom of Expressive Associations

Authors

Joseph M. Carpenter

Publication Date

3-2001

Document Type

Casenote

Abstract

In Dale v. Boy Scouts of America, the United States Supreme Court held that the application of a New Jersey public accommodations law, forcing the Boy Scouts to extend membership to an avowed homosexual and gay rights activist, violated the Boy Scout's First Amendment right to freedom of expressive association. The Court held New Jersey's law burdens the Boy Scouts' right to oppose homosexual conduct, and New Jersey's interest in curbing discrimination does not justify the intrusion on the Boy Scouts' right to freedom of expressive association.

Recommended Citation

Carpenter, Joseph M. (2001) "Dale v. Boy Scouts of America: Whether the Application of New Jersey's Public Accommodations Law, Forcing the Boy Scouts to Include an Avowed Homosexual, Violates the Scouts' First Amendment Freedom of Expressive Associations," Mercer Law Review: Vol. 52: No. 2, Article 9.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol52/iss2/9