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- - - - - - - - - - - - By Kera Bolonik July 17, 2000 | On June 28, the U.S. Supreme Court voted 5-4 in favor of the Boy Scouts of America having the constitutional right to exclude gay people. Chief Justice William H. Rehnquist interpreted the First Amendment's protection of the freedom of association to mean that the Supreme Court could not force one of America's most treasured institutions "to accept members where such acceptance would derogate from the organization's expressive message," thus overturning last year's New Jersey Supreme Court ruling that the Scouts had violated the state law banning anti-gay discrimination. The Dale of Boy Scouts of America vs. Dale, No. 99-699 is a 30-year-old advertising director of POZ magazine and a one-time assistant scoutmaster of the Boy Scouts. I befriended James Dale in 1988 during our freshman year at Rutgers, where we were both drawn to the State University of New Jersey for more than just the classes. With its liberal reputation, and proximity to New York City, Rutgers promised to be a comfortable environment for people like us to come out.
But several months after Dale appeared in the pages of Newark's Star-Ledger as one of the most visible members of the university's Gay and Lesbian Alliance in 1990, he received two letters -- one from the Monmouth Council of Boy Scouts, the other from the district council -- informing him that "avowed homosexuals" were not permitted in the organization, and that his 12-year membership was being revoked. The Boy Scouts taught Dale how to become a leader. Ironically, everything he learned from scouting prepared him for the fight of his life: To defend himself against the group's discriminatory policy. What began as a personal battle of a young man trying to regain his membership with the institution that defined his childhood experience has evolved over a decade into a national issue about the future of gay youth in America -- and Dale has become their most vigorous advocate. A week after the decision was handed down, Dale and I got together for lunch. While the man sitting across from me may not have been victorious in the Supreme Court, I couldn't help but feel that his success in engaging the nation in a crucial discussion about sexual orientation and discrimination had allowed him to emerge a winner. You've spent your entire adult life fighting for your right to remain a Scout. How did you respond to the Supreme Court decision? On some level I'm just happy to have a level of closure. It's very easy for me to see how the past 10 years were framed by the struggle for gay and lesbian civil equality. There has been an incredible amount of progress, and the 5-4 loss in the Supreme Court shows how far we've gone. But there's still one vote, and it is a very powerful vote. We still have a ways to go. I had prepared myself on some level that the decision could go either way, but I honestly didn't think we would lose because I believe just as much 10 years ago as I did on June 28, as I do today, that I'm right. Nobody has shaken that conviction. But it was a hard pill to swallow. If I could do it all over again, I would do it exactly the same way. My lawyer, Evan Wolfson from Lambda Legal Defense, has argued an incredible case, and I don't think any other attorney could have gotten that one other vote. The dissenting opinion was so strong and now Americans can't think of the Boy Scouts of America without thinking of the issue of homosexuality. The Boy Scouts have forever tarnished their image with this case. Granted, I would have loved to be the victor in this case, but in the end, the only thing you're really going to remember is that they are the losers in all of this.
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