James Dale, Plaintiff-Respondent and Cross-Appellant v. Boy Scouts of America and Monmouth Council, Boy Scouts of…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the Boy Scouts of America is a place of public accommodation subject to the New Jersey Law Against Discrimination and that expelling James Dale because he is an avowed homosexual violates that law; the Court also rejected the Boy Scouts' First Amendment claim, finding no protectable expressive interest that would be impaired by Dale's inclusion. Justice Handler filed a concurring opinion emphasizing the importance of genuine membership selectivity.