Dissenting opinion Boy Scouts of America v. Dale

justice john paul stevens

justice stevens wrote dissent in justices souter, ginsburg, , breyer joined. observed every state law prohibiting discrimination designed replace prejudice principle. justice brandeis had observed in dissent new state ice company v. liebman (1932) 1 of happy incidents of federal system single courageous state may, if citizens choose, serve laboratory; , try novel social , economic experiments without risk rest of country . in stevens opinion, court s decision interfered new jersey s experiment.

stevens first point boy scouts ban on gay members did not follow founding principles. boy scouts sought instill values in young people, prepare them make ethical choices on lifetime in achieving full potential . scout oath , scout law, set forth scouts central tenets, assist in goal. 1 of these tenets scout morally straight . scout clean . these terms defined in scout handbook, stevens said, plain light of day neither 1 of these principles— morally straight , clean —says slightest thing homosexuality. indeed, neither term in boy scouts law , oath expresses position whatsoever on sexual matters.

what guidance boy scouts gave adult leaders have direct contact scouts urged leaders avoid discussing sexual matters. scouts... directed receive sex education @ home or in school, not organization. scoutmasters, in turn, told direct curious adolescents family, religious leaders, doctors, or other professionals. boy scouts had gone far devise specific guidelines scoutmasters:

stevens ended dissent noting serious , ancient prejudices facing homosexuals aggravated creation of constitutional shield .