Since 1975, Boy Scouts of America has been involved in more than 30 lawsuits attacking its values. Until the late 1990s, nearly all of those lawsuits were about membership in and employment by Scouting. The cases challenged Scouting's right to set standards for membership, principally that Scouts are required to believe in God, be male, and not to be openly homosexual.

The most well known of the cases is Boy Scouts of America v. Dale. In that case, a former Scout who had openly declared his homosexuality was denied appointment as an Assistant Scoutmaster. The case was ultimately heard by the Supreme Court of the United States. In 2000, the Court ruled that Boy Scouts, and all private organizations, have the constitutionally protected right under the First Amendment of freedom of association to set membership standards. Furthermore, the Court ruled that:

• An association is entitled to protection if it "merely engage[s] in expressive activity that could be impaired."
• The presence of someone who may interfere is enough to impair First Amendment rights.
• Courts must defer to an association's expression
• State anti-discrimination laws may not interfere with expressive rights.

Many regarded the Supreme Court's ruling in the Dale case not merely as a victory for Boy Scouts, but also as a victory for the rights of free speech and association. Others, however, regarded it as a call to battle, and they set out to punish Scouting for standing up for its First Amendment freedoms. Leading that attack have been state and local governments, frequently aided and abetted by the American Civil Liberties Union, or ACLU.

Boy Scouts presently is is engaged in litigation about its relationship with government.

● Litigation regarding access to government forums

This litigation takes place against a historical backdrop of cases challenging Boy Scouts’ membership and leadership standards.

● Litigation regarding Scouting’s “duty to God”

● Litigation regarding Scouting’s duty to be “morally straight”

● Litigation regarding girls seeking membership