Decision of the Court-Part 3

On June 28, 2000 the Supreme Court ruled in favor of The Boys Scouts of America. The case was decided on a 5-4 vote. "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," wrote Chief Justice William Rehnquist for the majority comprised of Justices Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas.” (http://www.onthedocket.org/cases/1999/boy-scouts-america-v-dale-james-06282000)

The Court also concluded that the 1st Amendment did not require that every member of a group agree on every issue in order for the group’s policy to be "expressive association." The Boy Scouts takes an official position in regards to homosexual conduct, and the Court majority found it sufficient.

"The presence of an avowed homosexual and gay rights activist in an assistant scoutmaster’s uniform sends a distinctly different message from the presence of a heterosexual assistant scoutmaster who is on record as disagreeing with Boy Scouts policy," wrote Rehnquist in a 19-page opinion. "The Boy Scouts has a First Amendment right to choose to send one message but not the other. The fact that the organization does not trumpet its views from the housetops or that it tolerates dissent within its ranks does not mean that its views receive no First Amendment protection." (http://www.onthedocket.org/cases/1999/boy-scouts-america-v-dale-james-06282000)