"The state interests embodied in New Jersey's public accommodations law do not justify such a severe association. That being the case, we hold that the First Amendment prohibits the State from imposing such a requirement through the application of its public accommodations law..."
The forced inclusion of an unwanted person in a group infringes the group's freedom of expressive association if the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints
Given that the Boy Scouts engages in expressive activity, we must determine whether the forced inclusion of Dale as an assistant scoutmaster would affect the Boy Scouts' ability to advocate public or private viewpoints
A statement in 1978 expresses the Boy Scouts' "official position with regard to "homosexuality and Scouting" and goes as follows: "The Boy Scouts of America is a private, membership organization and leadership therein is a privilege and not a right. We do not believe that homosexuality and leader..
The New Jersey Supreme Court analyzed the Boy Scouts' beliefs and found that the "exclusion of members solely on the basis of their sexual orientation is inconsistent with Boy Scouts' commitment to a diverse and 'representative membership'"