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Such forced membership is unconstitutional if the person’s presence affects in a significant way the group’s ability to advocate public or private viewpoints. Government actions that unconstitutionally burden that right may take many forms, one of which is intrusion into a group’s internal affairs by forcing it to accept a member it does not desire.
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Held: Applying New Jersey’s public accommodations law to require the Boy Scouts to admit Dale violates the Boy Scouts’ First Amendment right of expressive association. 557, on the ground that Dale’s reinstatement did not compel the Boy Scouts to express any message. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. Among other rulings, the court held that application of that law did not violate the Boy Scouts’ First Amendment right of expressive association because Dale’s inclusion would not significantly affect members’ ability to carry out their purposes determined that New Jersey has a compelling interest in eliminating the destructive consequences of discrimination from society, and that its public accommodations law abridges no more speech than is necessary to accomplish its purpose and distinguished Hurley v. The State Supreme Court affirmed, holding, inter alia, that the Boy Scouts violated the State’s public accommodations law by revoking Dale’s membership based on his avowed homosexuality. That court’s Chancery Division granted summary judgment for the Boy Scouts, but its Appellate Division reversed in pertinent part and remanded.
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He filed suit in the New Jersey Superior Court, alleging, inter alia, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. Respondent Dale is an adult whose position as assistant scoutmaster of a New Jersey troop was revoked when the Boy Scouts learned that he is an avowed homosexual and gay rights activist. It asserts that homosexual conduct is inconsistent with those values. The Boy Scouts is a private, not-for-profit organization engaged in instilling its system of values in young people. Petitioners are the Boy Scouts of America and its Monmouth Council (collectively, Boy Scouts). The initiative is described in the agreement as a way for “civic-minded persons” to join the City of Jersey City and the JCRA in supporting “an array of artistic and educational endeavors” like “the visual arts, theater, museums, and other cultural and educational programs enriching and benefiting the citizens of Jersey City and the Journal Square 2060 Redevelopment Plan Area.No. Plan via redevelopment agreement.Īs part of the agreement, the developer is expected to give $250,000 in four installments to the Journal Square Arts Initiative. The office space is expected to take up two floors of the building. There are plans for 7,223 square feet of ground-floor retail space, a rooftop amenity space for residents, and 28,186 square feet worth of office space as well. The agreement and last week’s legal notice also show that the overall development is slated to include much more than residential space. Under the proposal, 98 would contain one bedroom, 27 would include one bedroom and a den, 72 would feature two bedrooms, and 11 would be three-bedroom units, according to the agreement.
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Plan via redevelopment agreement.ģ30 of the units are expected to be studios, most of which would include alcoves. Breakdown of the proposed building by C3D Architecture.