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Several comments are in order regarding recent discussion under this topic. 1. Hiring was never an issue in Dale v. BSA. James Dale was a volunteer Assistant Scoutmaster. 2. Defining BSA as a public accommodation or as a private organization is not as simple as some might believe. BSA has maintained PUBLIC-PRIVATE alliances for many years. The opinion of the New Jersey Supreme Court points to these alliances at length. Yet, to say the least, New Jersey's definition of public accommodation as opposed to private club or organization is rather fuzzy. The New Jersey Supreme Court took upon itself the task of establishing an interpretive definition because it believed New Jersey's legislature meant for the Judiciary of New Jersey to fill the void. Therein lies the chief weakness of the court's opinion. 3. The New Jersey Supreme Court went in detail on the mission of BSA, the traditions and standards of BSA, the specific rules incumbent upon members of the BSA, and the level of selectivity implemented by BSA to admit new members. With this treatment considered, can it be said that the court entered into a rather biased view of BSA's mission, standards, traditions, rules, and selectivity? Some might believe so while noting that due deference was not given for BSA's frequent reference to GOD in its written materials, and claim that due deference also was not given to BSA's moral edict that sex should not occur outside marriage
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