Making sense of Dale.(Boy Scouts of America v. Dale)

Constitutional Commentary | March 22, 2001| | Copyright

Things are often more complex than they seem, even when they seem complex. In Boy Scouts of America v. Dale, (1) the Supreme Court held that the Boy Scouts have a right under the speech clause to exclude an openly gay man from being a Scoutmaster. The man in question was also, in the Court's view, a gay rights activist. The Court held that this right trumped New Jersey's law against discrimination in employment and public accommodations. In greatly simplified terms, there are two ways of looking at this ruling.

Easy case; rightly decided.

Dale was an easy ...

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