Do businesses or institutions have the right to discriminate? No, not at all. However, it is actually the right of a private organization. A private organization is a “private ownership run by individuals and companies for financial gain and are not controlled by the state.” Private organizations can include and exclude people. The Supreme Court made an important point in the Boy Scouts of America v. Dale case. The Boy Scouts is a private, nonprofit organization. The case started when James Dale, an assistant Scoutmaster in the Boy Scouts of America got expelled when they found out that he was gay and that he participated in the gay rights movement. In 1999 Dale filed a suit against Boy Scouts of America (BSA). On June 28, 2000, the Supreme Court ruled that Boy Scouts could exclude gays. They said that BSA had the right to exclude whomever they wanted.
Boy Scouts of America is not discriminating against homosexuals, and they don’t have the right to discriminate. It only can be seen as discrimination, depending on what side you are on. The people around us tell us what grounds are and what grounds aren’t acceptable. However, discrimination is just choosing between alternatives. Aren’t we always talking with a “discriminating taste”? We all discriminate countless times each and every day. Dilawar Sherzai states, “A particular conduct may be socially acceptable and may considered right but in accordance to the human rights they may be very discriminating.” Excluding homosexuals, or people in general, from organizations can look acceptable in the eyes of some, meanwhile, in the eyes of others, that isn’t right or fair. The rights of a private organization get interpreted either way, either that it’s wrong and discriminating, or that they can do that.