Bleh

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yupBackground

The Boy Scouts of America is a non-profit private organization dedicated to instilling values in young people. They do this by having the adult leaders spend time with their members and instruct them in activities such as fishing, camping, and many other outdoor, and wilderness activities. The Scoutmasters and their assistance are the ones that instill the values in the youth members by leading by example. The boy Scouts of America engage in expressive activities that allow the values to be taught through a manner of personal experience.

The First Amendment of the U.S. Constitution protects the rights of groups to join together with others and communicate ones views. The government does have some powers over this freedom as the suppression of speech preventing discrimination and the suppression of speech that would cause harm upon one or more persons.

Roberts v. United States Jaycees dealt with activities protected by the First Amendment, and also what is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends". This case also deals with how the forced inclusion of an unwanted member into a group infringes on the groups expressive freedoms. The Jaycees admittance of a woman in to their organization would infringe on the freedom of speech enjoyed by the organization.

Facts

James Dale, a former Eagle Scout avowed being a homosexual and gay rights activist, had his membership revoked when the Boy Scouts learned about this information. When Dale questioned why his membership was revoked the Boy Scouts informed him that it was because that homosexuality was contrary to the values the Boy Scouts were trying to instill. Dale challenged this in New Jersey Court, stating that New Jersey's public accommodation law forbids discrimination on the basis of sexual orientation in the Boy Scouts. The New Jersey court held that the public accommodations law was inapplicable because the Boy Scouts is not a place of public accommodation, and that the Boy Scouts is a private group excluded from the coverage of the New Jersey law.

The New Jersey Superior Court's Appellate Division held that New Jersey's public accommodation law applied to the Boy Scouts and that the Boy Scouts violated it. The New Jersey Supreme Court affirmed it. The U.S. Supreme Court grated a writ of Certiorari.

Questions of Law

Does the New Jersey accommodation Law violate the Boy Scouts First Amendment right of expressive association?

Decision

A 5-4 decision held that the New Jersey Accommodation Law violates the Boy Scouts' First amendment right of expressive action. The majority opinion was written by Chief Justice Rehnquist. The dissenting opinion was written by Justices Stevens, and Justice Souter.

Reason

Chief Justice Rehnquist wrote the majority opinion that was based on the First amendments freedom of association; New Jersey's anti-discrimination laws would affect the Boy Scouts' ability to express their views. Homosexuality is incompatible with the principles of the Boy Scouts, and since Dale was a prominent member of the homosexual community, his presence would send a message that homosexual conduct was an accepted form of values being instilled in the young members of the Boy Scouts. Also, his presence would affect the group's ability to freely express public or private views.

The dissenting opinion written by Justice Stevens looks at the values taught by the Boy Scouts and how there is nothing claimed about instilling homosexual values. The Boy Scouts policy statements relating to this were released after Dale had been released from the Scouts. Justice Stevens looked deep into the policy of the Boy Scouts to see if the actual message existed, and also argued that the Boy Scouts right of expressive association would only prevent Dale from speaking out about homosexuality.

Analysis

I must agree with the decision of the majority opinion of the Supreme Court on the basis that a forced inclusion of an unwanted person in a group infringes on the group's freedom of expression. James Dale would probably make a great Scout leader, but the fact of his open sexual orientation makes it difficult for youth members to be able to gain the most from the Boy Scouts program. James Dale was not wanted in the Boy Scouts, and if he were to force himself into the Boy Scouts as a Scoutmaster or assistant, it would cause turmoil between other Scout leaders as well as the youth members, taking attention away from the activities that would instill values in the youth members.

The rights given by the First Amendment are to help protect groups from tyranny of the majority so that the majority opinion does not interfere or is imposed on other groups that would rather express other. An unpopular idea forced into a group that does not agree with the opinion of the dissenters goes against the principles of the First Amendment.

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