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    Boy Scouts of America vs. James Dale

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    Please answer the questions related to the case Boy Scouts of America vs. James Dale.

    1. Do you agree with the court's decision?
    2. Do you believe the dissenting opinion has any validity?
    3. Some people do not acknowledge their homosexuality. However, Dale did. Should a screening process be allowed to discover who is a homosexual?

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    1. Do you agree with the court's decision?

    I totally agree with the Court's decision in this case because the Boy Scouts of America is a private organization that has the right to freedom of speech. Therefore, the organization has a right to espouse their own ideology in regard to views upon homosexuality, and whether or not they believe that this behavior is acceptable for leaders within their organization, leaders who shape the mind of younger members. The reality is that the Boy Scouts believes that homosexuality represents a lifestyle that is counter to their morals and beliefs. The government cannot force any organization to accept leadership positions by certain members of their group that is in defiance of the core values of the organization because this will obstruct the ability of the organization to express their views, as having a scout leader who is gay would be in opposition to everything the Boy Scouts believe in.

    If the Court would have allowed the New Jersey Supreme Court's decision to not be overturned, it would have resulted in forced inclusion by a governmental entity that would have infringed upon the Boy Scouts' constitutionally guaranteed rights of freedom of expressive association as the presence of a gay scout leader would significantly impact the Boy Scouts' ability to advocate public or private viewpoints. Since its inception, and many times after this, the Boy Scouts have publicly declared in statements by their leaders their negative views on homosexuality, and how they believe that this form of behavior is counter to their organizational goals, values, and mission for shaping young males. To force the organization to accept a gay scout leader would trample upon their core values and beliefs.

    The Boy Scouts has a clear and concise mission, which affords it protection by the First Amendment's expressive associational right wherein the expressive activity engaged in by the Boy Scouts is placated upon the organization ...

    Solution Summary

    This solution discusses questions related to a court case.