NEW YORK CITY — James Dale filed a complaint against the Department of Defense in a New York City federal court on Thursday, June 25, 2026. The lawsuit seeks to determine if Scouting America reached an agreement with the Pentagon to ban transgender members.

Defense Secretary Pete Hegseth stated in February 2026 that the Pentagon's deal with Scouting America would redirect the organization away from diversity initiatives. Hegseth said that Scouting America would require members to use their biological sex at birth, not gender identity. He threatened to end military support for Scouting America if the organization did not comply within six months, adding, "Ideally, I believe the Boy Scouts should go back to being the Boy Scouts as originally founded, a group that develops boys into men. Maybe someday."

Scouting America stated the agreement did not alter existing policies regarding transgender youth. Roger Krone, President and CEO of Scouting America, said in a podcast interview in February that transgender people are welcome in the program. He added, "We have transgender people in our program and we'll have transgender people in our program going forward."

Dale filed a Freedom of Information Act request in late March 2026 to obtain the memorandum of understanding between Scouting America and the Pentagon. The complaint states that the Department of Defense failed to invoke an exemption, produce any records, and missed all deadlines related to the FOIA request.

The lawsuit states that if the Department's account is true, the federal government has obtained by contract what the Court once held it could not command by law. It further states that if the Department's account is not true, the Department has misled the public about what Scouting America has agreed to do.

The Pentagon stated it would not comment on ongoing litigation. It referred to a video released by Hegseth in February that outlined changes to Scouting America. This lawsuit follows Dale's expulsion from the Boy Scouts of America in 1990 after the organization learned he was co-president of Rutgers University's gay and lesbian organization. Dale sued the Boy Scouts of America in 1992, alleging discrimination, but the U.S. Supreme Court ruled against him, affirming the organization's right to maintain membership criteria that excluded homosexuals.