Subject: NEW FILE: gay.in.scouting/1994/dale.vs.bsa.oct94 Date: Thu, 3 Nov 1994 09:05:32 -0800 From: "Kraig R. Meyer" This should be added to gay.in.scouting/1994/dale.vs.bsa.oct94 ---------------------------------- CUT HERE ---------------------------------- The following is from the Fall 1994 issue of "The Lambda Update," The Newsletter of the Lambda Legal Defense and Education Fund. PUBLlC SERVICES and ACCOMMODATIONS Dale v. Boy Scouts of America (New Jersey) NO CHANGE. In February, the trial court heard summary judgment arguments in this public accommodation and employ- ment rights case, the first filed under the state-wide New Jersey gay and lesbian civil rights law enacted in 1992. We are still awaiting the judge's decision. In the mean- time, there have been several encouraging developments in related cases in California and elsewhere, as courts deal both with chal- lenges to the Boy Scouts' discriminatory stances and with the need to reconcile anti- discrimination protections and the First Amendment. Lambda represents James Dale, an Eagle Scout, who was invited to become an Assistant Scoutmaster before his twelve-year involvement with the Scouts came to an abrupt end. When a local newspaper ran an article picturing Dale at a seminar on the psychological and health needs of lesbian and gay teenagers, he received a letter from the Boy Scouts revoking his membership simply because he is gay. The complaint charges the Boy Scouts with illegal discrimination as a public accom- modation, as an employer, and as an organi- zation conducting business. Other legal claims challenge the Boy Scout's unfair prac- tices in denying Dale a right to be heard as required by Scout rules, and in misrepresent- ing itself as a non-discriminatory group open to "all boys." Dale is represented by Lambda together with a team of co-counsel from the New York law firm of Cleary, Gottlieb, Steen & Hamilton, and the New Jersey firm of Evans, Osborne & Kreizman. Senior Staff Attorney Evan Wolfson is the Lambda attor- ney on the case. Cooperating Attorney Don Costa argued the summary judgment motion, assisted by Evan. ---------------------------------------------------------------------------- For general unmoderated discussion, mail to "eagles@flash.usc.edu". If you wish to be removed from this list, mail to "eagles-request@flash.usc.edu."