Friday, September 23, 2011

Boy Scouts of America V. Dale

To read the write up click here.

In our very own state, we have struggled with the thought of including homosexuals into our social circles.

In 1990 James Dale recieved a letter basically kicking him out of his posistion as a boy scout troops assistint scoutmaster. This was on the basis of his involvement in the GSA at Rutgers University, shortly after coming out. In 1992 he wrote up a complaint to the NJ superior court.
He claimed that the boy scouts were in violation of New Jerseys Public Accomidation Statute. Which includes the Law Against Discrimination (LAD), which specifies that people such as managers can not turn others away based on: age, race, religion, sexual orientation.... etc.

The Superior Court agreed with all of Dales arguments but one, and said that the Boy Scouts had violated the Public Accomidations Law.


It disgusts me that this was even an issue in the first place, but NJ ultimately came to the right conclusion. No matter how self-explanitory an issue, or a law may seem there are always people around to question things. Where is NJ headed in the Gay Rights debate now?

1 comment:

  1. I've read arguments that The Boy Scouts have made in the past that the reason they can discriminate is because they are a private organization and can make such distinctions. Did they make a similar argument here? And if so, why didn't it hold up in court?

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