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The Boy Scouts of America are a private, not-for-profit organization. This was never an issue in Boy Scouts of America et al. v. Dale. The issue was whether a private organization like the BSA had to comply with public accommodations law.

The Supreme Court held that that as a private organization with an "expressive message", the BSA had the right to the freedom of association, which allows a private organization to exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints."

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