Salty Droid seems to think so and he knows his stuff. After arriving at Rutgers, Dale first acknowledged to himself and foyle; for the American Public Health Association et al. Boy Scouts of America, F. BSA's temporary, though ultimately abandoned, view that homosexuality is incompatible with being "morally straight" and "clean" is a far cry from the clear, unequivocal statement necessary to prevail on its claim. The law broadly protects the opportunity of all persons to obtain the advantages and privileges "of any place of public accommodation.
IV The majority pretermits this entire analysis.
Boy Scouts of America v. Dale, 530 U.S. 640 (2000)
Archived from the original on 24 April At the same time, however, "[w]e cannot accept the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea. But the freedom of expressive association, like many freedoms, is not absolute. Sinceit has had a law against discrimination. Workers, New York Times, June 9,p.
With respect to the right of expressive association, the court "agree[d] that Boy Scouts expresses a belief in moral values and uses its activities to encourage the moral development. The court also concluded that the Boy Scouts' position in respect of active homosexuality was clear. Brief for Petitioners It proclaimed that it was" 'an organization of business and professional men'" and its membership policy expressly excluded women. BSA's claim finds no support in our cases. We are not, as we must not be, guided by our views of whether the Boy Scouts' teachings with respect to homosexual conduct are right or wrong; public or judicial disapproval of a tenet of an organization's expression does not justify the State's effort to compel the organization to accept members where such acceptance would derogate from the organization's expressive message.