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
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:
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 |