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Boy Scouts Ban Overturned
by New Jersey Supreme Court


Stunning Victory Instant News from CNN to Geraldo Rivera

Exemplary Eagle Scout James Dale & Gay Scouts Win Big

Compiled By GayToday

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James Dale
Trenton, New Jersey—The New Jersey Supreme Court ruled unanimously Wednesday against discriminatory policies practiced by The Boy Scouts of America. The case was initiated by James Dale, ousted from his New Jersey troop in July, 1990 when the scouting organization discovered he was gay.

The Court's decision states that the Boy Scouts' group constitutes a "place of public accommodation" because of a broad-based membership and its connections with public service organizations. Boy Scout leaders were admonished that they may no longer deny any person "accommodations, advantages, facilities and privileges'" because of sexual orientation.

Lambda Legal Defense, which defended Dale, held a press conference yesterday at its New York headquarters to discuss the far reaching implications of this stunning victory over The Boy Scouts of America's anti-gay policies.

News organizations nationwide gave immediate notice to the decision. CNN's Talk Back Live devoted its Wednesday program to the issue as did Geraldo Rivera's Rivera Live.

The New Jersey Supreme Court becomes the first top state court to strike down the Boy Scouts of America's ban on gay members.

Said Lambda Senior Attorney Evan Wolfson, who argued the case on Dale's behalf:

"Today the highly respected New Jersey Supreme Court handed down a win-win ruling: a victory for an outstanding Eagle Scout who was thrown out because he is gay, a victory for gay youth who should be included, not excluded, from scouting, as well as a victory for all members of Scouting, who join because they value honesty, community service, self-reliance, and respect for others -- not discrimination."

The Boy Scouts' contention that striking down their ban on gay males would violate its First Amendment rights was rejected outright by the court.

``To recognize the Boy Scouts' First Amendment claim would be tantamount to tolerating the expulsion of an individual solely because of his status as a homosexual - an act of discrimination unprotected by the First Amendment freedom of speech,'' the decision reads.

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Related Sites:
Boy Scouts of America

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Dale, now 29, was in scouting for over 12 years, earned over 30 merit badges, and rose to the rank of Eagle Scout before being kicked out of the organization. A local troop was forced to disband when he was stripped of his position as an assistant scoutmaster.

In March 1998, Lambda won a victory before the intermediate appellate court, which ruled that Dale's expulsion was in violation of New Jersey civil rights law. Rejecting "stereotypical notions" about the abilities of gay youth and adults to participate in Scouting, the court also rejected arguments that the group had a first amendment right to discriminate

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