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

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

by Andrew Koppelman, Tobias Barrington Wolff, A. Koppelman
     
 

ISBN-10: 030012127X

ISBN-13: 9780300121278

Pub. Date: 07/07/2009

Publisher: Yale University Press

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

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Overview

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.

Product Details

ISBN-13:
9780300121278
Publisher:
Yale University Press
Publication date:
07/07/2009
Edition description:
New Edition
Pages:
192
Product dimensions:
5.70(w) x 8.30(h) x 0.80(d)

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