A right to discriminate? How the case of Boy Scouts of America v. James Dale warped the law of free association

Andrew Koppelman, Tobias Barrington Wolff

Research output: Book/ReportBook

16 Scopus citations

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 provocative 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. Andrew Koppelman and Tobias Wolff bring together legal history, constitutional theory, and political philosophy to analyze how the law ought to deal with discriminatory private organizations.

Original languageEnglish (US)
PublisherYale University Press
Number of pages178
ISBN (Print)9780300121278
StatePublished - 2009
Externally publishedYes

ASJC Scopus subject areas

  • Social Sciences(all)

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