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A Right to Discriminate?
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A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

Andrew Koppelman and Tobias Wolff

Abstract

Should the Boy Scouts of America and other noncommercial associations have a right to discriminate when selecting their members? Does the state have a legitimate interest in regulating the membership practices of private associations? These questions—raised by Boy Scouts of America v. Dale, in which the Supreme Court ruled that the Scouts had a right to expel gay members—are at the core of this book, an in-depth exploration of the tension between freedom of association and antidiscrimination law. The book demonstrates that the “right” to discriminate has a long and unpleasant history. The book ... More

Keywords: Boy Scouts, noncommercial associations, membership practices, private associations, Supreme Court, freedom of association, antidiscrimination law, legal history, constitutional theory, political philosophy

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780300121278
Published to Yale Scholarship Online: October 2013 DOI:10.12987/yale/9780300121278.001.0001

Authors

Affiliations are at time of print publication.

Andrew Koppelman, author

Tobias Wolff, author