DALE v. BOY SCOUTS OF AMERICA


308 N.J. Super. 516 (1998)

JAMES DALE, PLAINTIFF-APPELLANT, v. BOY SCOUTS OF AMERICA AND MONMOUTH COUNCIL BOY SCOUTS OF AMERICA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1998.


Attorney(s) appearing for the Case

Lewis H. Robertson and Evan Wolfson, of the New York Bar, admitted pro hac vice, argued the cause for appellant (Lewis H. Robertson, attorney; Mr. Robertson, Thomas J. Moloney, Mr. Wolfson, Ayala Deutsch and Steven M. Knecht on the brief).

Sanford D. Brown, George A. Davidson, of the New York Bar, admitted pro hac vice, and Carla A. Kerr, of the New York Bar, admitted pro hac vice, argued the cause for respondents (Cerrato, Dawes, Collins, Saker & Brown, attorneys; Mr. Brown, Mr. Davidson and Ms. Kerr, on the brief).

David Rocah, attorney for amici curiae American Civil Liberties Union and ACLU of New Jersey (Ruth E. Harlow, Matthew A. Coles and James D. Esseks, of counsel and on the brief with Mr. Rocah).

Singer & Fedun, attorneys for amici curiae American Public Health Association and Parents, Families and Friends of Lesbians and Gays (Marvin E. Frankel, Jeffrey S. Trachtman, Debora C. Fliegelman and William S. Singer, of counsel and on the brief).

David H. Dugan, III, attorney for amici curiae Claremont Institute for the Study of Statesmanship and Political Philosophy (Mr. Dugan, of counsel; Phillip J. Griego, on the brief).

Kathleen A. Mazzouccolo, attorney for amici curiae Diocesan Council of the Episcopal Diocese of Newark, The Friends Committee of National Legislation, The Jewish Reconstructionist Federation, The Union of American Hebrew Congregations and The Unitarian Universalist Association (Ms. Mazzouccolo and Michael D. Silverman, on the brief).

Warshaw & Barnes, attorneys for amici curiae Individual Rights Foundation (Bray Barnes, Brian Baker and Paul A. Hoffman, on the brief).

James P.A. Cavanaugh, attorney for amicus curiae National Association of Social Workers and New Jersey Chapter of the National Association of Social Workers (Mr. Cavanaugh, on the brief).

Joshua D. Goodman, attorney for amicus curiae New Jersey Lesbian and Gay Law Association (Theodore R. Bohn and Mr. Goodman, of counsel; Mr. Goodman on the brief).

Before Judges HAVEY, LANDAU and NEWMAN.


The opinion of the court was delivered by HAVEY, P.J.A.D.

Plaintiff James Dale was expelled from his position as an Assistant Scoutmaster with defendant Monmouth Council, Boy Scouts of America when he publicly declared he was a homosexual. He was expelled by the Boy Scouts of America (BSA) because of its policy excluding avowed homosexuals from membership in its organization. We conclude that: (1) the BSA is a place of public accommodation under New Jersey's Law Against...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases