DALE v. BOY SCOUTS OF AMERICA


734 A.2d 1196 (1999)

160 N.J. 562

James DALE, Plaintiff-Respondent and Cross-Appellant, v. BOY SCOUTS OF AMERICA and Monmouth Council, Boy Scouts of America, Defendants-Appellants and Cross-Respondents.

Supreme Court of New Jersey.

Decided August 4, 1999.


Attorney(s) appearing for the Case

George A. Davidson, a member of the New York bar, New York City, for defendants-appellants and cross-respondents (Cerrato, Dawes, Collins, Saker & Brown, attorneys, Freehold; Mr. Davidson, Sanford D. Brown, Freehold and Carla A. Kerr, a member of the New York bar, New York City, on the briefs).

Evan Wolfson, a member of the New York bar, New York City, for plaintiff-respondent and cross-appellant (Lewis H. Robertson, attorney, Red Bank; Mr. Wolfson, Mr. Robertson and Thomas J. Moloney, a member of the New York bar, New York City, on the briefs).

David R. Rocah, submitted a letter in lieu of brief on behalf of amici curiae American Civil Liberties Union of New Jersey and American Civil Liberties Union (Lenora M. Lapidus, Legal Director, attorney).

William S. Singer, Belle Mead, submitted a letter in lieu of brief on behalf of amici curiae American Public Health Association and Parents, Families and Friends of Lesbians and Gays (Singer & Fedun, attorneys).

Robert E. Rochford, Hackensack, submitted a brief on behalf of amici curiae National Catholic Committee on Scouting, the Church of Jesus Christ of Latter-Day Saints, General Commission on United Methodist Men, the United Methodist Church and the Lutheran Church-Missouri Synod (Winnie, Banta, Rizzi, Hetherington & Basralian, P.C., attorneys).

David H. Dugan, III, Moorestown, submitted a brief on behalf of amici curiae The Claremont Institute for the Study of Statesmanship and Political Philosophy and United States Congressmen Charles T. Canady, Christopher B. Cannon, Tom A. Coburn, M.D., John E. Peterson, John Shadegg and Mark Souder.

Kathleen A. Mazzouccolo, Jersey City, submitted a letter in lieu of brief on behalf of amici curiae Diocesan Council of the Episcopal Diocese of Newark, Friends Committee on National Legislation, Jewish Reconstructionist Federation, Union of American Hebrew Congregations and Unitarian Universalist Association.

Bray B. Barnes, Red Bank, submitted a brief on behalf of amicus curiae the Individual Rights Foundation (Warshaw & Barnes, attorneys).

Theodore R. Bohn, submitted a letter in lieu of brief on behalf of amicus curiae New Jersey Lesbian and Gay Law Association.

James P.A. Cavanaugh, Marlton, submitted a letter in lieu of brief on behalf of amici curiae National Association of Social Workers and New Jersey Chapter of the National Association of Social Workers.

Michael Patrick Carroll, Morris Plains, submitted a brief on behalf of amicus curiae Southeastern Legal Foundation (Mr. Carroll, attorney; Valle Simms Dutcher, a member of the Georgia Bar, Atlanta, GA, on the brief)

James J. Cerbone, Wall, submitted a brief on behalf of amici curiae United States Congressmen, Honorable Robert Aderholt (Ala.), Ernest Istook (Okla.), Asa Hutchinson (Ark.) and Charles "Chip" Pickering (Miss.)(Cerbone & Lombardo, attorneys).


The opinion of the Court was delivered by PORITZ, C.J.

In 1991, the New Jersey Legislature amended the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, to include protections based on "affectional or sexual orientation." This case requires us to decide whether that law prohibits Boy Scouts of America (BSA) from expelling a member solely because he is an avowed homosexual.

Defendants BSA and Monmouth...

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