The first amendment of the Constitution is one of the most fundamental and essential appendages to the C onstitution that statesmen could ever have made. It basically provides the way and means for any citizen of the United States to speak freely, worship freely, assemble with whomever they want, and complain to the government. One of the most important of those freedoms however, is the right of association. Association protects the rights of persons to enter into relationships with one another unhampered by intrusive governmental regulation. More specifically expressive association protects the right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends. The right to associate, being derived from the provisions of free speech and assembly, is fundamental to all private associations so that they might have the right to their own standards for membership and leadership.
The Boy Scouts of America has been a private organization with the mission and chartered purpose of providing character-building experiences for young people since its founding in 1910. The organization's Oath states, "On my honor I will do my best to keep myself physically strong, mentally awake, and morally straight." It is a scout's duty to uphold this oath and live by the scout law. In April of 2000 the Boy Scouts of America's rights to establish its own standards of membership and continue to instill the values of the Scout Oath and Law into the scouts were challenged.
An individual's position as assistant scoutmaster of a New Jersey troop was revoked after a division of the Boy Scouts learned that the individual was an avowed homosexual and gay rights activist. The assistant scoutmaster filed suit in the New Jersey Superior Court, and alleged, among other matters, that the Boy Scouts had violated a state law prohibiting discrimination in places of public accommodation on the basis of sexual orientation.
