Boy Scouts Pros And Cons

820 Words4 Pages
In landmark case of the Boy Scouts of America vs Dale, the Supreme Court of the United States decided the constitutional right to freedom of association allows a private organization to forbid a person from membership when “the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints.” In a five to four decision, the Supreme Court ruled on June 28, 2000, that hostility to homosexuality is a part of the Boy Scouts’ “expressive message.” Allowing homosexuals as leaders would interfere with that theme, according to the Supreme Court. The ruling reversed the New Jersey Supreme Court’s decision that their public accommodations law enforced the Boy Scouts to readmit James Dale, an assistant…show more content…
They enforce this conduct by having its leaders spend time with the young Scouts, instructing the boys in various activities such as camping and fishing. This association conveys a system of values in expressive activity; this, in turn, gives the Boy Scouts entitlement to protection deriving from the First Amendment. If the young Boy Scouts discourage their Scout leaders from traditional views on sexual issues, the First Amendment protects the the children’s method of expression. Regarding whether the Boy Scouts as a whole had an expressive policy against homosexuality, the Court gave attention to the organization's own reasonings behind its expressions. The Boy Scouts continually preach that to “teach that homosexual conduct is not morally straight,” and that it does “not want to promote homosexual conduct as a legitimate form of behavior.” This policy does not represent the views of all Boy Scouts. However, the First Amendment “does not require that every member of a group agree on every issue in order for the group's policy to be expressive association.” The Supreme Court found it adequate that the Boy Scouts of America had taken a valid position with respect to same-sex relationships. The Boy Scouts have a First Amendment right to choose to send one message but not the

    More about Boy Scouts Pros And Cons

      Open Document