⚖️ Boy Scouts of America v. Dale

Wednesday, June 28, 2000 All day

Private organizations are allowed to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect minorities in public accommodations. Decided June 28, 2000 (argued April 26, 2000). Opinion of the Court: William Rehnquist → go there Dissenting: Stevens, Souter. Applied: the First Amendment → go there Topic: Freedom of association. Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), is a landmark decision of the U.S. Supreme Court, decided on June 28, 2000, which 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. Wiki link

⚖️ Boy Scouts of America v. Dale