page_title: Boy Scouts of America v. Dale
section_title: Counsel
hierarchical_section_title: Boy Scouts of America v. Dale / Counsel
caption_attribution_description: Evan Wolfson
context_page_description: Boy Scouts of America et al. v. Dale, 530 U.S. 640, was a landmark decision of the US Supreme Court, decided on June 28, 2000, that held that the constitutional right to freedom of association allowed the Boy Scouts of America to exclude a homosexual person from membership in spite of a state law requiring equal treatment of homosexuals in public accommodations. More generally, the court ruled that a private organization such as the BSA may exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints". In a five to four decision, the Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message.
  The ruling reversed a decision of the New Jersey Supreme Court that had determined that New Jersey's public accommodations law required the BSA to readmit assistant Scoutmaster James Dale, who had come out and whom the BSA had expelled from the organization for that reason.
context_section_description: Dale was represented by Evan Wolfson, an attorney and noted LGBT rights advocate. Wolfson has also worked on a number of high-profile cases seeking legal recognition of same-sex marriages. Also representing Dale on a pro bono basis was the New York-based law firm Cleary Gottlieb Steen & Hamilton.
  The Boy Scouts of America were represented by attorney George Davidson, a partner in the New York-based law firm Hughes Hubbard & Reed. Davidson is a former President of the Legal Aid Society and chair of the Federal Defenders of New York.
caption: Evan Wolfson, attorney for James Dale
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