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

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. Origins Of The Right To Exclude -- Signs Of The Times : The Dale Opinion -- The Solomon Amendment Litigation And Other Consequences Of Dale -- The Neolibertarian Proposal -- Is The Bsa Being As Bad As Racists? : Judging The Bsa's Antigay Policy -- Why Regulate The Bsa? Andrew Koppelman ; With Tobias Barrington Wolff. Description Based Upon Print Version Of Record. Includes Bibliographical References (p. 121-168) And Index. English