![]() The Boy Scouts responded that the First Amendment granted the organization the right to expressive association, allowing the Scouts to refuse employment to individuals who violated its moral code, because employing such individuals would impinge on the Scouts’ ability to impart that code to its members. Boy Scouts said they had First Amendment right to refuse employment to homosexuals The Scouts revoked James Dale’s membership on the basis that the “the Boy Scouts ‘specifically forbid membership to homosexuals.’ ” Dale filed a complaint against the Scouts in New Jersey state court, alleging that this action violated the state’s public accommodations law. Dale's Boy Scout membership revoked after he came out as homosexual 640 (2000), the Supreme Court ruled that the Boy Scouts of America had the expressive association right to revoke the membership of an assistant scoutmaster after he publicly announced his sexual orientation by leading a gay group at Rutgers University. assistant scoutmaster who was kicked out of the Boy Scouts when leaders found out he is gay, flanked by Evan Wolfson, Lambda Legal Defense and Education Fund senior staff attorney, right, and Lambda attorney David Buckel at a news conference Wednesday, Aug.
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