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

Summary

Justice Stevens dissents, arguing that New Jersey’s antidiscrimination law does not violate the Boy Scouts’ First Amendment rights because admission of homosexuals does not impose a serious burden on their expressive goals and the organization has never adopted a clear, unequivocal stance on homosexuality that could be burdened. He criticizes the majority for deferring to BSA’s assertions rather than examining the record independently. Justice Souter, dissenting in a separate opinion, joins Stevens and adds that BSA has not made out an expressive association claim because it failed to make sexual orientation the subject of unequivocal advocacy.