Boy Scouts of America v. Dale — Souter, J., Dissenting

Summary

Justice Souter dissents from the Court's ruling that New Jersey's antidiscrimination law violates the Boy Scouts' right of expressive association. He argues the Boy Scouts failed to prove they maintain a clear, unequivocal policy against homosexuality that is integral to their expressive activities. He contends the majority incorrectly defers to the organization's assertions without independent review of its actual shared goals.