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

Summary

The New Jersey Supreme Court affirmed the Appellate Division, holding that the Boy Scouts of America is a place of public accommodation subject to the Law Against Discrimination, that its expulsion of James Dale because he is an avowed homosexual violates the LAD, and that the LAD’s application does not infringe the Boy Scouts’ First Amendment rights. The Court also affirmed that Dale’s common‑law claim is duplicative of his statutory claim. Justice Handler filed a concurring opinion agreeing with the result and emphasizing the importance of genuine selectivity in the private‑club analysis.