In 1998, Eagle Scout James Dale, a high school assistant scoutmaster, was fired from the Boy Scouts of America (BSA) when they found out he was openly gay. This sparked the landmark case in 2000, Boy Scouts of America v. Dale (2000), which pitted Dale against the Boy Scouts of America over the question of constitutional rights.
Dale argued that the BSA’s policy of forbidding openly gay scoutmasters violated constitutional laws prohibiting discrimination on the basis of sexual orientation. The case went all the way to the Supreme Court which ultimately sided with the BSA in upholding the organization’s policy of forbidding openly gay scoutmasters.
The Supreme Court unanimously ruled that the BSA had the right to set their own rules and regulations, without interference from the public. This landmark case set the precedent for organizations, both casual and professional, to set their own rules and regulations without being held liable for discrimination.
The case was also significant for setting the bar for group organizations in developing and enforcing workplace policies that were consistent with the group’s core beliefs. The ruling established that organizations had the right to develop policies and adhere to them without fear of litigation.
As we progress towards an increasingly inclusive and diverse society, it’s important to look at cases like Boy Scouts of America v. Dale (2000) and remember that the Supreme Court recognized and validated the rights of organizations to set their own policies and regulations. This ruling provided comfort to organizations, big and small, that they can develop their own workplace policies to ensure a safe and equitable workplace free of discrimination.