Boy Scouts of America V. Dale (Sort of Trashy Outline;)

1. Attention Grabbing Hook: The Boy Scouts of America organization, known as BSA for short, is one of the largest and most prominent youth organizations in the world, with over 100 million total participants. (About BSA)
2. Necessary Background Information: However, in the 1990s, the organization became involved in a controversial case regarding the position of Assistant Scoutmaster James Dale, due to his sexual preferences. In 1992, Dale sued the Boy Scouts of America after they rescinded his membership in the organization after they discovered his presence in LGBT advocacy. Dale’s position was that his public accommodations right was being violated by BSA when they refused him access. (Oyez)
3. Thesis Statement: The final Supreme Court decision in Boy Scouts of America v. Dale was justified as it allows certain individual groups to establish their own rules and preferences. 
4. Original Analysis of Case relating to First Amendment: Eight years after the initial lawsuit, the Supreme Court supported the notion that BSA has the authority to ban James Dale and other homosexuals from its leadership position because of the violation of the Boys Scouts’ First Amendment right to expressive association.
5. Supreme Court Final Decision: The final decision“[gave] the Boy Scouts of America a constitutional right to bar homosexuals from serving as troop leaders”, supporting the BSA’s claims (Oyez).
6. Reason #1: In a 1978 statement from BSA’s executive committee, the position of the organization on homosexuality was made clear, as they “do not believe that homosexuality and leadership in Scouting are appropriate,” and that they “will continue to select only those who in our judgment meet our standards and qualifications for leadership.” (Opinion of the Court...)It was made clear before Dale’s 1992 lawsuit that the Scouting organization strongly disapproves of gay people, and message they support.
7. Reason #2: The Supreme Court ultimately asserted that “having determined that the Boy Scouts is an expressive association and that the forced inclusion of Dale would significantly affect its expression” (Opinion of the Court...). As a private, non-profit organization, the BSA has the right to associate itself with whoever embodies its intents, and to exclude anyone that goes again its message, like homosexuals, as the program “will not promote homosexual conduct as a legitimate form of behavior.” (Opinion of the Court...)

1. Counterclaim: The applying of the New Jersey public accommodations law in order to force the BSA to reinstate Dale was done on the basis that the BSA has a history of accepting members from diverse backgrounds, and can be considered a public group.
   
2. Reasons for counterclaim: Since BSA is a public group, it is not allowed to discriminate based on sexual orientation. BSA accepts members from diverse ethnic and religious background, and numerous minor age groups, so in discriminating homosexuals on the program, it violates the public accommodations law, as BSA, a program that is communal, revoked Dale’s leadership position solely “on the basis of [his] sexual orientation.” (Opinion of the Court...)
   
3. Refute counter claim: The ruling by the New Jersey Supreme Court wrongly deemed the BSA as a public accommodation “and applied its public accommodations law to a private entity.” (Opinion of the Court...). Therefore, the BSA, as a independent group, reserves the right to exclude members that contradicts with their core values.
   
4. Bibliography
   
5. Source #1: "Boy Scouts of America v. Dale." Oyez. IIT Chicago-Kent College of Law, n.d. Web. 1 Mar. 2017.
   
6. Source #2:"Discrimination Based on Sexual Orientation Allowed by the Boy Scouts." The Leadership Conference on Civil and Human Rights. Civil Rights Monitor, n.d. Web. 1 Mar.2017.
   
7. Source #3: "Opinion of the Court: Boy Scouts of America v. Dale." Legal Information Institute. Cornell University Law School, 28 June 2000. Web. 7 Mar. 2017.
   
8. "About BSA." Prepared. For Life. Boy Scouts of America, n.d. Web. 7 Mar. 2017.