In Boy Scouts of America v. Dale, the United States Supreme Court held that a New Jersey public accommodations law could not compel the Boy Scouts to accept homosexual scoutmasters. In Christian Legal Society v. Walker, the Seventh Circuit overextended this precedent when it held that the Southern Illinois Law School could not refuse official recognition of the Christian Law Society because the Society refused to accept homosexual members. By deciding the case on an incomplete record and declining to apply a narrow reading of Dale, the Seventh Circuit exposed to attack all regulations protecting homosexuals.
Adam C. York,
Left Without a Prayer: Can Antidiscrimination Regulations Protecting Gays Survive?,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol2/iss1/12