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Boy Scouts of America v. Dale

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Constitutional Law Keyed to Cohen

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Bloomberg Law

Citation. 22 Ill.530 U.S. 640, 120 S. Ct. 2446, 147 L. Ed. 2d 554 (2000)

Brief Fact Summary. The Respondent, Dale (Respondent), was an eagle scout whose membership in the boy scouts was revoked when the Petitioners, the Boy Scouts of America (Petitioner), learned that he was a homosexual.

Synopsis of Rule of Law. While individuals are given a right to freely associate, associations are not forced to include members whose beliefs may affect its own ability to express the message it wishes to convey.


Facts. The Respondent, a life-long boy scout, was an assistant scout master in New Jersey, when the Petitioner learned of his homosexuality and revoked his membership. The Respondent brought suit to enjoin the action and the New Jersey court, under its public accommodations law, required the Petitioner to admit the Respondent.

Issue. This case questions whether an organization can be compelled to accept a member whose activities and beliefs may be against the very nature of the organization.

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