2. Background of Case James Dale was revoked of his Boy Scouts of America membership due to the fact that he was a homosexual and a gay rights activist. The BSA defended this decision by stating it goes against their moral values in which the BSA represents and stands for. They believed that having him as a Scout Master he would institute and pass on values that the BSA does not approve of.
3. What part of the constitution is being violated in this case? The Boy Scouts first amendment of the right to expressive association was being violated if BSA had to allow James Dale to become scout master. Later on the Supreme Court stated that they have the ability to bar homosexuals because it infringes on the right of association, and they should not have to accept members in which their beliefs due not match the BSA’s own.
4. What is the original question being answered? Does the application of New Jerseys public accommodations law violate the Boy Scouts First Amendment right of expressive association to bar homosexuals from serving as troop leaders?
5. When did this court case make it to the Supreme Court? This case made it to Supreme Court in 2000. It was argued on April 26, 2000 and then decided on June 28, 2000. Chief Justice William Rehinquist wrote the 5-4 opinion which was in favor for the BSA. He was joined by Justices Sandra Day O’Connor, Antonin Scalia, ANTHONY M. KENNEDY, and Clarence Thomas. Justices DAVID H. SOUTER, Ruth Bader Ginsburg, and STEPHEN G. BREYER joined Stevens in the dissent.
6. What was the final decision? The final decision of this court case, BSA v Dale, was that of a 5-4 decision in favor of the Boy Scouts of America. The Supreme Court concluded that the BSA has the constitutional right of expressive association and can bar homosexuals from serving as scout masters since it goes against the values in which they try to instill.
7. What was the impact on the people in the United States? This case caused the people of the United States to realize that the BSA does have a right to bar homosexuals since it would violate their right of expressive association if they were forced to allow them. Although it was an unpopular decision, the BSA have the constitutional right to do this.