Judging the Boy Scouts of America: Gay Rights, Freedom of Association, and the Dale Case - Landmark Law Cases and American Society (Paperback)Richard J. Ellis (author)
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The story begins with James Dale, a nineteen-year old Eagle Scout and assistant scoutmaster in New Jersey, who came out as a gay man in the summer of 1990. The Boy Scouts, citing their policy that denied membership to "avowed homosexuals," promptly terminated Dale's membership. Homosexuality, the Boy Scout leadership insisted, violated the Scouts' pledge to be "morally straight." With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination.
Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favour of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court's ruling on the law of free association, Ellis also describes Dale's personal journey and its intersection with an evolving gay rights movement. Throughout he seeks to understand the puzzle of why the Boy Scouts would adopt and adhere to a policy that jeopardised the organisation's iconic place in American culture - and, finally, explores how legal challenges and cultural changes contributed to the Scouts' historic policy reversal in May 2013 that ended the organisation's ban on gay youth (though not gay adults).
Publisher: University Press of Kansas
Number of pages: 272
Weight: 399 g
Dimensions: 216 x 140 x 23 mm
"With the Boy Scouts of America v. James Dale case, the Constitution becomes a Procrustean bed--in fact, a whole room of them. Ellis' account is riveting."--Karen Orren, , Professor of Political Science at UCLA
"Richard Ellis has produced a thoroughly compelling and readable account of a century's worth of efforts to hold the Boy Scouts to their own standards for fairness, loyalty and justice. It's the most comprehensive and accurate narrative of early legal actions against the Scouts I've ever seen; I learned things I didn't know about my own lawsuit."--Tim Curran, journalist and plaintiff, Curran v Mt. Diablo Council, 1981
"I knew the broad outline of the Dale case and the cultural issues it raised, but Ellis's carefully researched book opens up layers of complexity and subtlety that show me even more about the dramatic intersection of lives, ideas, laws, and institutions involved with landmark court decisions like Dale. I am grateful that so skilled an historian and writer as Ellis has told this story-behind-the-story."--Jay Mechling, author of On My Honor: Boy Scouts and the Making of American Youth
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