Richard J. Sauer, president and CEO of the National 4H Council, which filed a legal brief on behalf of James Dale in the Supreme Court case:

I find the Supreme Court decision unfortunate because it will continue to exclude some young men from the considerable youth development opportunity offered through Boy Scouts of America. While I respect the right of any private organization to determine its membership, I question why the Boy Scouts should be allowed to use public facilities for meetings when not all public are welcome.

Documentary filmmaker Tim Curransued the Boy Scouts after he was kicked out for being gay in 1981; the California Supreme Court ruled against Curran in 1998.

I'm really disappointed because I had hoped that the Dale case would be the victory that I didn't have. The facts are almost identical to my case, except it happened 10 years later. A victory for James Dale would have been a victory for me, and it would have entitled me to join a troop, which I would have done. I also recognize that this case has always been fought in the court of public opinion as much as the court of law. In the court of public opinion, the Scouts are losing anyway. It's a terrible tragedy for scouting that the Boy Scouts of America won at the U.S. Supreme Court and have squandered an opportunity to lead on this issue, which strikes so close to the heart of their mission, which is to fight against discrimination and show leadership. But instead they have fought this reactionary battle.

Matt Coles, director of the American Civil Liberties Union's Gay and Lesbian Rights Project

From a standpoint of constitutional law, this is a very bad decision. What makes it bad is that the court has somewhat astonishingly for the first time ruled that the First Amendment gives you the right to discriminate against a group of people based on who they are, if you say that you don't like them. That's an amazing and unprecedented thing. The Boy Scouts admitted and the court acknowledges that they keep in heterosexuals who say that they disagree with the policy. You only get knocked out if you're openly gay.

So this is clearly not about having a message that's different than the organization's. This is about who you are. To say that the First Amendment gives you a right to discriminate against a group of people because of who they are is pretty astonishing.

The good news is that this decision is only going to apply to organizations that are set up to teach values or to express views. Most landlords, most employers, most garden variety public accommodations won't be able to make use of this to discriminate and say that it's protected by the First Amendment. But some will, and to those that can I think it's pretty amazing.

Paula Ettelbrick is family policy director for the National Gay and Lesbian Task Force Policy Institute.

This case goes to show you how important the upcoming elections are. If it's Bush, forget about it. There are a couple of justices, one of them liberal Justice Stevens, we may lose. This is a devastating decision to the strength of civil rights laws. The court ruled in a way that encourages rather than discourages groups to overtly discriminate. It encourages groups to adopt a mission that's anti-gay, precisely in order to evade the application of the law. By claiming terms like "morally straight" or "good citizenship" they have basically claimed those terms to be "straight only." Only straight people can be good, upstanding citizens. That's factually and morally wrong. On the other hand, there are only a dozen states that ban anti-gay discrimination anyway.

I admit that early on, I was not big on bringing on these kinds of cases. You don't ever want to bring a case before the Supreme Court that is likely to lose. You had the whole role model issue, which we've always lost on. It's been the basic issue in gay and lesbian parenting; and we are still fighting those battles in many states around the country.

But I started to feel more strongly about the case because during those 10 years, the idea of gay people being good role models for children was no longer one that resonated with as many people. The gay man as predator idea is now right-wing rhetoric, it's not the mainstream perspective.

William Van Alstyne, Duke University Law School

The precedent is significant, but not more dramatic than that. [In the case of the St. Patrick's Day parade,] The court had already held that the state's anti-discrimination law as applied to that kind of group trying to express their own views as Irishmen and as Catholics did have a First Amendment protection, so in that setting, state statute could not apply to them.

This case is pretty similar to that. It's an additional step to be sure. Mr. Dale was an adult leader that was dropped when his public professions of homosexuality came to the Boy Scouts' attention. So they succeed in describing themselves as a voluntary ideological association that's committed to certain social values, and the inclusion of him in a leadership role would be incompatible.

Majority's acceptance of that as being protected by the First Amendment is not that novel -- it's a step of application beyond what the court has done previously. But it's not a new precedent in establishing the prerogative of private organizations, voluntary associations, to form along certain ideological lines and control their leadership roles and membership roles in a manner they deem consistent with that ideological commitment.

If you accept [the Boy Scouts'] claim, as the majority of the court did, that they regard this kind of behavior as immoral or not clean -- even though you and I might emphatically disagree, but that's their view -- then you can see why having to retain him in an adult mentoring and counseling role would seem to introduce a kind of raw inconsistency in the filling of those leadership roles with the very kind of message that they say they are intent on trying to communicate to the younger Boy Scout members.

Other than New Jersey, no state supreme court in the country had interpreted their public accommodation statute to apply to this kind of group. It was a big step to put it differently, a surprising step, that the New Jersey even deemed its statute applicable to this circumstance.

Evan Wolfson is the Lambda Legal Defense Fund senior staff attorney who argued before the Supreme Court on James Dale's behalf:

I would emphasize that despite the 5-to-4 loss today, we think the discussion James Dale and this case have prompted has been very positive. People across the country are now aware that gay and lesbian youth exist. People understand that lesbian and gay kids need opportunities to be included, need support, need services. And it's organizations like the Boy Scouts, who refuse to provide those services, that are going to be marginalizing themselves while the rest of us look for programs to bring those services to all kids.

The court's ruling was narrow, but even more striking, look who filed briefs. The Girl Scouts of America has a non-discrimination policy. The 4-H Club, another national youth leader, filed a brief in support of our side in this case. The fact is, the Boy Scouts' position is not one that most youth organizations or programs are taking. They understand that non-gay kids shouldn't be taught bigotry.

Recent Stories