Constitutional Law

A Right to Discriminate?: How the Case of Boy Scouts of by Andrew Koppelman

By Andrew Koppelman

Should still the Boy Scouts of the United States and different noncommercial institutions have a correct to discriminate whilst deciding on their members?Does the kingdom have a sound curiosity in regulating the club practices of non-public institutions? those questions-- raised by way of Boy Scouts of the United States v. Dale, within which the splendid court docket governed that the Scouts had a correct to expel homosexual members-- are on the center of this provocative ebook, an in-depth exploration of the stress among freedom of organization and antidiscrimination legislation.  The booklet demonstrates that the “right” to discriminate has an extended and unsightly historical past. Andrew Koppelman and Tobias Wolff collect criminal background, constitutional thought, and political philosophy to research how the legislation should take care of discriminatory inner most businesses.

Show description

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

Best constitutional law books

Capital Punishment: A Reference Handbook (Contemporary World Issues)

Capital Punishment specializes in using the dying penalty within the usa, its overseas prestige, and the way overseas advancements have an effect on the rustic. It incorporates a historical past, a dialogue of the controversies surrounding the dying penalty, up-to-date biographical sketches, and information. Key files comprise the U.

Human rights and U.S. foreign policy: Congress reconsidered

Booklet by means of Forsythe, David P.

Constitutional Identity

In Constitutional identification, Gary Jeffrey Jacobsohn argues structure acquires an identification via experience—from a mixture of the political aspirations and commitments that categorical a nation’s previous and the will to go beyond that earlier. it really is changeable yet proof against its personal destruction, and manifests itself in a variety of methods, as Jacobsohn indicates in examples as remote as India, eire, Israel, and the USA.

Constitutional Literacy: A Twenty-First Century Imperative

This publication considers the prestige of constitutional literacy within the usa besides how one can check and enhance it. the writer argues that pervasive constitutional illiteracy is an issue for either legislation enforcement corporations and for usual electorate. according to the author’s a long time of training in legislations enforcement organisations round the kingdom, this booklet argues for the ethical and pragmatic worth of constitutional literacy and its program in twenty-first century society.

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

Example text

The BSA 24 ∞ Origins of the Right to Exclude argued that admission of gay people would impair its message. The New Jersey Supreme Court held, and Justice John Paul Stevens’s dissent in the Supreme Court agreed, that the BSA had not taken any public position concerning the morality of homosexuality. But it is unseemly, and potentially abusive, for courts to tell organizations— particularly organizations with dissenting political views—what their positions are. One can see the di≈culty already in Roberts.

The third sentence then states that this is not a blanket nullification of all antidiscrimination laws. The next sentence, by beginning with ‘‘But . . ,’’ indicates that it will isolate the aspect of Dale’s own case that entitled the BSA to prevail in the instant case. What was peculiar about James Dale? ’’≥∏ How important is it that he was, not merely openly gay, but an ‘‘activist’’? ’’ The rele- 34 ∞ Signs of the Times vant passage from the news article that was the basis of Dale’s expulsion reads: James Dale, 19, co-president of the Rutgers University Lesbian Gay Alliance with Sharice Richardson, also 19, said he lived a double life while in high school, pretending to be straight while attending a military academy.

Cases after Dale revealed the unsustainably broad implications of the The Solomon Amendment Litigation ∞ 49 Court’s opinion, along with lower courts’ reluctance to follow out those implications. ∞≤ In so doing, they have consistently found it necessary to confine Dale ’s reach on the basis of distinctions that either do not appear in the opinion or which the opinion uses in a far broader way than the lower courts were willing to do. The logic of the Dale opinion made the claimants’ arguments colorable in all these cases, but the lower courts were unwilling to follow that opinion’s logic to its conclusions.

Download PDF sample

Rated 4.74 of 5 – based on 12 votes