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'Don't Ask, Don't Tell' Prevails in Boy Scouts
Abstract
On June 28, 2000, the U.S. Supreme Court, in a five-to-four decision, held that the application of New Jersey's public accommodation law to the Boy Scouts of America (BSA) violated its First Amendment right of expressive association (Boy Scouts of America and Monmouth Council v. James Dale, 2000). Justice William Rehnquist, writing for the five-member majority held that an association must merely engage in expressive activity that could be impaired in order to be entitled to protection, that the First Amendment does not require that every member of a group agree on every issue in order for the group's policy to be "expressive association," and if the BSA wishes Scout leaders to avoid questions of sexuality and teach only by example, this fact does not negate the sincerity of its belief. The Court stated, "We are not, as we must not be, guided by our views of judgment on whether the Boy Scouts' teachings with respect to homosexual conduct are right or wrong; public or judicial disapproval of a tenet of an organization's expression does not justify the State's effort to compel the organization to accept members where such acceptance would derogate from the organization's expressive message."
Journal
(Winter 2000)
vol11
no2
pages235
Categories
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Diversity
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Communities and Organizations
