Boy Scouts of America v. Dale, 530 U.S. 640, 35 (2000)

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674

BOY SCOUTS OF AMERICA v. DALE

Stevens, J., dissenting

written and issued after BSA revoked Dale's membership. Accordingly, they have little, if any, relevance to the legal question before this Court.6 In any event, they do not bolster BSA's claim.

In 1991, BSA issued two statements both stating: "We believe that homosexual conduct is inconsistent with the requirement in the Scout Oath that a Scout be morally straight and in the Scout Law that a Scout be clean in word and deed, and that homosexuals do not provide a desirable role model for Scouts." App. 457-458. A third statement issued in 1992 was substantially the same. Id., at 459. By 1993, however, the policy had changed:

"BSA Position "The Boy Scouts of America has always reflected the expectations that Scouting families have had for the organization. "We do not believe that homosexuals provide a role model consistent with these expectations. "Accordingly, we do not allow for the registration of avowed homosexuals as members or as leaders of the BSA." Id., at 461.

Aside from the fact that these statements were all issued after Dale's membership was revoked, there are four important points relevant to them. First, while the 1991 and 1992

"js"), but BSA never tells us to whom these initials belong. Nor do we know how widely these statements were distributed. From the record evidence we have, it appears that they were not as readily available as the Boy Scout and Scoutmaster Handbooks; indeed, they appear to be quite difficult to get a hold of. See App. 662, 668-669.

6 Dale's complaint requested three forms of relief: (1) a declaration that his rights under the New Jersey statute had been violated when his membership was revoked; (2) an order reinstating his membership; and (3) compensatory and punitive damages. Id., at 27. Nothing that BSA could have done after the revocation of his membership could affect Dale's first request for relief, though perhaps some possible postrevocation action could have influenced the other two requests for relief.

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