Boy Scouts of America v. Dale, 530 U.S. 640, 22 (2000)

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Cite as: 530 U. S. 640 (2000)

Appendix to opinion of the Court

dom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth." Whitney v. California, 274 U. S. 357, 375 (1927) (concurring opinion). He continued:

"Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law—the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed." Id., at 375-376.

We are not, as we must not be, guided by our views of whether the Boy Scouts' teachings with respect to homosexual conduct are right or wrong; public or judicial disapproval of a tenet of an organization's expression does not justify the State's effort to compel the organization to accept members where such acceptance would derogate from the organization's expressive message. "While the law is free to promote all sorts of conduct in place of harmful behavior, it is not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one, however enlightened either purpose may strike the government." Hurley, 515 U. S., at 579.

The judgment of the New Jersey Supreme Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

APPENDIX TO OPINION OF THE COURT

N. J. Stat. Ann. § 10:5-4 (West Supp. 2000). "Obtaining employment, accommodations and privileges without discrimination; civil right

"All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommoda-

661

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: October 4, 2007