Boy Scouts of America v. Dale, No. 99-699
Do the Boy Scouts have a First Amendment right to exclude gays?
Decision: Yes. The Court ruled 5-4 that applying New Jerseys public accommodations law to require the Boy Scouts to admit James Dale would violate the Scouts right of expressive association.
From the majority opinion by Chief Justice Rehnquist (joined by Justices OConnor, Scalia, Kennedy, and Thomas):
As the presence of GLIB in the Bostons St. Patricks Day parade [in Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc.] would have interfered with the parade organizers choice not to propound a particular point of view, the presence of Dale as an assistant scoutmaster would just as surely interfere with the Boy Scouts choice not to propound a point of view contrary to its beliefs.
Dissenting: Justice Stevens (joined by Justices Ginsburg, Breyer, and Souter)
Dissenting: Justice Souter (joined by Justices Ginsburg and Breyer)
Opinion and briefs: supreme.findlaw.com/Supreme_Court/docket/aprdocket.html#99-699