Boy+Scouts+of+America+v+Dale

A Case Involving: __First Amendment Rights v. New Jersey Policy Against Discrimination in Public Places__ **//Background //****:** James Dale, an assistant scoutmaster was fired from his job at the Boy Scouts of America after he announced he was gay and joined a Gay/Lesbian society at Rutgers University **//Main Issue Presented to the Court //**: Does the Boy Scouts of America have the right to fire James Dale, based off of his sexuality? __Case before the Court: __ *James Dale: Presented the case that the decision of the Boy Scouts to fire him was against the New Jersey Statue preventing discrimination and he should be returned to his post immediately. *Boy Scouts of America: Presented the case that under the First Amendment, we have the right to fire Dale under our own beliefs and to preserve our personal values. The court has no power to make us rehire him. **Majority Decision ** (5 Supreme Court Justices including Chief Justice Rehnquist): In Favor of the Boy Scouts of America Reasoning: Forcing the Boy Scouts, a private organization to rehire Dale to his position would violate the Boy Scouts of America’s First Amendment rights.
 * __Boy Scouts of America vs. Dale __**June 28, 2000

**Dissenting Opinion ** (4 Justices Dissenting): In favor of James Dale Reasoning: The New Jersey Supreme Court Laws that ensure equal protections are ensured in “any public place of accommodation”, this law also applies to the Boy Scouts. They have no right to fire him due to his sexuality.

<span style="font-family: Arial,sans-serif; font-size: 9pt;">Sources:

<span style="font-family: Arial,sans-serif; font-size: 9pt;">[]

<span style="font-family: Arial,sans-serif; font-size: 9pt;">[]