(June 28, 2000, decision 5-4)
James Dale was an Eagle Scout who continued his Boy Scout membership as an adult and became an assistant scoutmaster in a New Jersey troop. When it was discovered he was gay, the Boy Scouts revoked his membership. Dale sued on the basis that a New Jersey statute prohibited discrimination on the basis of sexual orientation in places of public accommodation.
The Supreme Court held that 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. The right to associate with others is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas. The government cannot force a group to accept certain members, because it may impair the ability of the group to express its views and opinions. Thus, freedom of association includes a freedom not to associate.
“While the law is free to promote all sorts of conduct in place of harmful behavior, it is not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one, however enlightened either purpose may strike the government.”
Did you guess right?
Here's Thursday's hint - E is for Evidence Excluded. Can you guess the case and what it's about? Leave a comment!
While the ruling makes sense, it is so sad that the Boy Scouts would discriminate like that.
ReplyDeleteD is for Denver Airport: Alien Circus Reptiles Stole Your Luggage
Every once in a while, a ruling makes sense. Which is a good thing. I've seen too many rulings that did NOT make sense, altho most of those come from state courts where I practice.
DeleteIt's a sound ruling when put like that. And I wouldn't really want to belong somewhere that didn't want me anyways.
ReplyDeleteI can't guess E, Dena. But I'll be back to check it out. :)
Like Groucho Marx once famously said - I wouldn't want to be a member of a club that would agree to have me as a member =)
DeleteI didn't guess it, but I remember it!
ReplyDeleteGlad you'll remember it! Something I wrote must have made sense lol
DeleteIf I'm not mistaken (for the record, I usually am mistaken), haven't the BSA reversed their own decision or am I just dreaming that up?
ReplyDeleteThis 5-4 decision makes me wonder how often things are determined in this country by a single vote on the Supreme Court. Crazy often, I bet.
I know the Boy Scouts decided to review their policy. I think they did change it. But for other organizations in the US, the Supreme Court ruling still applies.
DeleteAnd yes, LOTS of decisions are 5-4. A single vote...........
I'm thinking about E, by the way. Seems like you have enough of a clue there that I'll recognize it. Now, can I think of it before you present it?
ReplyDeleteYou might know the rule even if you don't know the case that established the rule. I'll give you 50% credit =)
DeleteWhile I don't think that any organization should discriminate based on sexual orientation, I do think the government needs to not intervene in private organizations. I do believe the boy scouts have since changed their rules due to public pressures.
ReplyDeleteBlog hopping A to Z!
~Katie
TheCyborgMom
I do agree with you [and the court] that the government shouldn't be allowed to force private organizations to accept whoever wants to join.
DeleteHaving an Eagle Scout of my own, I have to say that this whole discrimination thing bugged me a lot and hurt a lot of people. Thankfully did not take place in our troop.
ReplyDeleteDiscarded Darlings - Jean Davis, Speculative Fiction Writer, A to Z: Editing Fiction
I have two Eagle Scouts. Hello to another Boy Scout family!
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