The following is from the Fall 1994 issue of "The Lambda Update," The
Newsletter of the Lambda Legal Defense and Education Fund.

   PUBLlC SERVICES and
   ACCOMMODATIONS

Dale v. Boy Scouts of America
(New Jersey)

NO CHANGE. In February, the trial
court heard summary judgment arguments
in this public accommodation and employ-
ment rights case, the first filed under the
state-wide New Jersey gay and lesbian civil
rights law enacted in 1992. We are still
awaiting the judge's decision. In the mean-
time, there have been several encouraging
developments in related cases in California
and elsewhere, as courts deal both with chal-
lenges to the Boy Scouts' discriminatory
stances and with the need to reconcile anti-
discrimination protections and the First
Amendment.
Lambda represents James Dale, an Eagle
Scout, who was invited to become an
Assistant Scoutmaster before his twelve-year
involvement with the Scouts came to an
abrupt end. When a local newspaper ran an
article picturing Dale at a seminar on the
psychological and health needs of lesbian
and gay teenagers, he received a letter from
the Boy Scouts revoking his membership
simply because he is gay.
The complaint charges the Boy Scouts
with illegal discrimination as a public accom-
modation, as an employer, and as an organi-
zation conducting business. Other legal
claims challenge the Boy Scout's unfair prac-
tices in denying Dale a right to be heard as
required by Scout rules, and in misrepresent-
ing itself as a non-discriminatory group open
to "all boys."
Dale is represented by Lambda together
with a team of co-counsel from the New
York law firm of Cleary, Gottlieb, Steen &
Hamilton, and the New Jersey firm of
Evans, Osborne & Kreizman.  Senior Staff
Attorney Evan Wolfson is the Lambda attor-
ney on the case.  Cooperating Attorney
Don Costa argued the summary judgment 
motion, assisted by Evan.