Twenty-two years ago, the Boy Scouts of America dismissed James Dale, a highly decorated Eagle Scout, from his position as an assistant scoutmaster when it was disclosed that he was a homosexual and gay rights advocate. The dismissal was consistent with the BSA’s ban on gay and nontheistic members.
Dale filed suit in the Superior Court, alleging the BSA had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation. The state Supreme Court unanimously held that the BSA is a “place of public accommodation” and as such violated the state’s law and policy regarding discrimination.
