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The article presents information on the case Dale v. Boy Scouts of America in reference to a private university's first amendment right to pursue diversity. Perhaps the reasoning in the case amounts to an ad hoc justification allowing the Boy Scouts to discriminate against gays. In fact, taking the defendant at face value may jeopardize a host of civil rights legislation, legislation that the U.S. depends upon and now takes as established. The implications of the broad First Amendment rights granted in the defendant make such questions reasonable and important. This comment explores just one question: whether the defendant can be extended to private universities arguably employing discriminatory practices in pursuit of diversity. It concludes that a fair reading of the majority position in the defendant suggests that private universities should be afforded this protection.