1. v. Edmundo Lozano and Katie Bair Prof. John Holcomb January 6, 2010 1

2. Outline Facts – Dale’s Story Questions of Law – New Jersey and the Supreme Court Item 3 2

3. Dale’s Youth James Dale started scouting at 8 yrs old Dale became an eagle scout by age 18 By 1989 Dale applied to be a scoutmaster 3

4. Dale goes to College Dale attends Rutgers Dale becomes copresident of Lesbian/Gay Alliance In 1990 Dale attends a seminar 4

5. Dale’s in the newspaper! Dale gets interviewed by a newspaper The interview is published 5

6. Dale gets fired Dale’s scout membership gets revoked Reason: Scouts specifically forbid membership to homosexuals 6

7. Dale goes to Court New Jersey public accommodation statute prohibits discrimination based on sexual orientation 7

8. Key Facts Boy Scouts is a private, non-profit organization “Instills values in young people” Boy Scouts have a track record since 1978 that opposes homosexuality 8

9. New Jersey Supreme Court Boy Scouts are a place of public accommodation The forced inclusion of Dale does not affect the Boy Scout’s ability to carry out their purpose Boy Scouts petition for certiorari 9

10. Question of Law Does the New Jersey’s public accommodation statute in regards to sexual orientation violate the First Amendment’s right of freedom of association? 10