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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.