According to their ruling, the group's national 'broad-based' status and their various relationships with other public groups qualified them as a public entity. Petitioners are the Boy Scouts of America and the Monmouth Council, a division of the Boy Scouts of America collectively, Boy Scouts. §12519 1999 personal appearance, source of income, place of residence ; Seattle, Wash. 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. That harm can only be aggravated by the creation of a constitutional shield for a policy that is itself the product of a habitual way of thinking about strangers. The court held that New Jersey's public accommodations law was inapplicable because the Boy Scouts was not a place of public accommodation.
Respondent is James Dale, a former Eagle Scout whose adult membership in the Boy Scouts was revoked when the Boy Scouts learned that he is an avowed homosexual and gay rights activist. The New Jersey Superior Courts Chancery Division granted summary judgment in favor of the Boy Scouts. The same analysis applies here. The Boy Scouts explains that the scout oath and law provide ''a positive moral code for living; they are a list of 'dos' rather than 'don'ts. In dealing with corporate rates and agriculture itallowed states to regulate certain businesses within their borders, including railroads because it was in the public interest The parents of ten students in New York schools challenged the constitutionality of a New York State law requiring public schools to begin each day with a state authorized prayer. Surely there are instances in which an organization that truly aims to foster a belief at odds with the purposes of a State's anti-discrimination laws will have a First Amendment right to association that precludes forced compliance with those laws. United States Jaycees, 468 U.
For example, the purpose of the St. But we must inquire whether the group is, in fact, expressing a message whatever it may be and whether that message if one is expressed is significantly affected by a State's anti-discrimination law. Definitions As used in this act, unless a different meaning clearly appears from the context:. . There may be rare situations where that is true. In the eyes of the law, a public entity is any business or organization that is open to the general public and advertises as such. The Boy Scouts is a private, nonprofit organization.
Respondent Dale is an adult whose position as assistant scoutmaster of a New Jersey troop was revoked when the Boy Scouts learned that he is an avowed homosexual and gay rights activist. Dale: Boy Scouts of America v. . On August 5, 1990, Dale received a letter from the Monmouth Scout Council, informing him that his registration had been revoked. The Court decided that the goals of the organization to instill values in young people gave them the right to use criteria for membership. The Boy Scouts seeks to instill these values by having its adult leaders spend time with the youth members, instructing and engaging them in activities like camping, archery, and fishing.
After arriving at Rutgers, Dale first acknowledged to himself and others that he is gay. An association must merely engage in expressive activity that could be impaired in order to be entitled to protection. Both rights enjoy very substantial protection against government interference in proper circumstances. It seems indisputable that an association that seeks to transmit such a system of values engages in expressive activity. While those two rights are often opposite sides of the same coin, they are not identical. Although we did not explicitly deem the parade in Hurley an expressive association, the analysis we applied there is similar to the analysis we apply here. The term is said to include, but not be limited to, a list of over 50 types of places.
Dale wrote to Kay requesting the reason for Monmouth Councils decision. At least as of 1978, the year James Dale entered scouting, the official position of the Boy Scouts was that avowed homosexuals were not to be scoutleaders. The Episcopal Diocese of Newark, New Jersey, which has 117 congregations, adopted a resolution deploring the scout policy. The court rejected Dales common-law claim holding that New Jerseys policy is embodied in the public accommodations law. The Boy Scouts asserts that homosexual conduct is inconsistent with the values embodied in the Scout Oath and Law, particularly with the values represented by the terms morally straight and clean. And the fact that an idea may be embraced and advocated by increasing numbers of people is all the more reason to protect the First Amendment rights of those who wish to voice a different view. For example, a 1993 position statement, the most recent in the record, reads, in part: The Boy Scouts of America has always reflected the expectations that Scouting families have had for the organization.
If several organizations and parties sympathized with the cause of Dale, there were also those who believed that the Boy Scouts of America was right in excluding him. Moral fitness, like emotional fitness, will clearly present opportunities for wise guidance by an alert Scoutmaster. Held: 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. In 1992, Dale filed a complaint against the Boy Scouts in the New Jersey Superior Court. The New Jersey Superior Court's Chancery Division granted summary judgment in favor of the Boy Scouts. Ohio 1998 ; Weaver v. Government actions that may unconstitutionally burden this freedom may take many forms, one of which is intrusion into the internal structure or affairs of an association like a regulation that forces the group to accept members it does not desire.
This case presents the question whether applying New Jerseys public accommodations law in this way violates the Boy Scouts right of expressive association. May an individual who openly declares himself to be a homosexual be a volunteer Scout leader? In 1988, he was awarded one of the highest honors in scouting — the Eagle Scout rank — after seven years. The Court then inquires whether Dale's presence as an assistant scoutmaster would significantly burden the expression of those viewpoints. For example, the purpose of the St. We disagree with the New Jersey Supreme Court's conclusion drawn from these findings. City of New York, 487 U.
Around the same time, Dale left home to attend Rutgers University. In Hurley, we applied traditional First Amendment analysis to hold that the application of the Massachusetts public accommodations law to a parade violated the First Amendment rights of the parade organizers. Respondent is James Dale, a former Eagle Scout whose adult membership in the Boy Scouts was revoked when the Boy Scouts learned that he is an avowed homosexual and gay rights activist. That court's Chancery Division granted summary judgment for the Boy Scouts, but its Appellate Division reversed in pertinent part and remanded. The fact that the organization does not trumpet its views from the housetops, or that it tolerates dissent within its ranks, does not mean that its views receive no First Amendment protection.