N.J. High Court Tells Boy Scouts to Admit Gays

NEW YORK — The highest court in New Jersey ruled unanimously Wednesday that the Boy Scouts of America must admit homosexuals.

The decision was a victory for James Dale, an assistant scoutmaster who was expelled from the organization nine years ago after it was revealed that he is gay.

The seven-judge Supreme Court ruled that Dale’s dismissal violated New Jersey’s antidiscrimination law. It was the first time a state supreme court has ruled against the Scouts in cases involving homosexuality.

“The exclusion of members solely on the basis of their sexual orientation is inconsistent with Boy Scouts’ overarching objective to reach all eligible youth,” the court said.

“Boy Scouts’ activities are designed to build character and instill moral principles. Nothing before us, however, suggests that one of Boy Scouts’ purposes is to promote the view that homosexuality is immoral.”

Dale, who turned 29 on Monday, said the ruling was “the best birthday present I could have asked for.”

Lawyers for the Boy Scouts vowed to appeal the decision to the U.S. Supreme Court.

Gregg Shields, a spokesman for the organization, said that New Jersey’s antidiscrimination law as applied to the Boy Scouts of America is unconstitutional because it “applies to ‘public accommodations,’ and Boy Scouts is a private voluntary association.”

Wednesday’s ruling contrasted sharply with a 1998 decision by the California Supreme Court, also unanimous, which found that Scouting is indeed a social organization with the authority to ban gays and agnostics. The U.S. Supreme Court refused to hear an appeal of that decision.

Legal experts pointed out that New Jersey’s law is broader than California’s civil rights act, which forbids discrimination by businesses.

In the New Jersey case, the court found that Scouting, like Little League, is a “place of public accommodation” and subject to the state’s anti-bias law.

It said that the broad membership of the Boy Scouts does not make it a “distinctly private” club. Since its founding in 1910, more than 87 million youths have been Scouts.

“Broad public solicitation has consistently been a principal characteristic of public accommodations,” the judges said. “Our courts have repeatedly held that when an entity invites the public to join, attend or participate in some way, that entity is a public accommodation within the meaning of the law against discrimination.”

The state Supreme Court said that Dale, who earned 30 merit badges during his career, did not come to Scout meetings “carrying a banner” and had never used his leadership position to promote homosexuality or any message inconsistent with Boy Scout policies.

“Additionally, there is no indication that Dale intends to actively teach anything whatsoever about homosexuality as a Scout leader or that he will do other than Boy Scouts instructs him to do--refer boys to their parents on matters of religion and sex,” the judges added.

The court also turned aside the Boy Scouts’ argument that rejecting its ban on homosexual members violated its 1st Amendment rights.

“The exclusion of members solely on the basis of their sexual orientation is inconsistent with Boy Scouts’ commitment to a diverse and representative membership,” the judges said. “We are satisfied that Boy Scouts’ expulsion of Dale is based on little more than prejudice.”

A lower court in New Jersey ruled in favor of the Scouts in 1995, labeling homosexuality “a serious moral wrong” and agreeing that Scouting is a private organization.

But on March 2, 1998, an appeals court overturned the decision, ruling that no evidence existed that a gay scoutmaster, “solely because he is a homosexual,” cannot care for and impart the organization’s ideals to Scouts in his charge.

Dale was represented by the Lambda Legal Defense and Education Fund, a gay rights organization.

“It is a terrific victory for us. We are elated,” said Beatrice Dohrn, the group’s legal director. “We have pursued this case for almost 10 years, and we are overjoyed at the result.”

Countered George Davidson, a lawyer for the Scouts: “It is a sad day when the state dictates to parents what role models they must provide for their children.

“To us, the silver lining is it gives Boy Scouts the first opportunity to go to the U.S. Supreme Court and get a definitive ruling to put an end to these lawsuits.”