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Keyword: judicialwhactivism

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  • The Law Is In My Mouth Alert: New Jersey Court Overturns Ouster of Gay Boy Scout - August 5, 1999

    10/03/2002 10:21:27 AM PDT · by an amused spectator · 2 replies · 121+ views
    The New York Times ^ | August 5, 1999 | Robert Hanley, NYT
    TRENTON -- Equating the Boy Scouts with such public accommodations as restaurants, libraries, schools and theaters, the New Jersey Supreme Court ruled Wednesday that the organization's expulsion of a gay Eagle Scout in 1990 violated the state's antidiscrimination law. In a unanimous 7-to-0 decision, the court first rejected the Boy Scouts' arguments that it is a private organization and that its decision to remove the scout, James Dale, was protected by the First Amendment. The court also dismissed the Scouts' contention that homosexuality is immoral, comparing that view to discrimination against women and blacks. After saying Mr. Dale's dismissal was  "based on...