A Right to Discriminate?
  • Jul 07, 2009
    192 p., 5 1/2 x 8 1/4

    ISBN: 9780300121278
  • Cloth: $38.00 tx
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Political Science

A Right to Discriminate?

How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

  • Andrew Koppelman with Tobias Barrington Wolff


“In this important, sensible, and brilliantly argued book, Koppelman and Wolff cogently question, as incoherent law and bad policy, the view of our Supreme Court that a nonsectarian, noncommercial group, the Boy Scouts, have a constitutional right to discriminate, hobbling reasonable legislative efforts to protect vulnerable gay youth from the sometimes deadly ravages of homophobic prejudice.”—David A.J. Richards, Edwin D. Webb Professor of Law, New York University

"A short and sharp critique of broad constitutional protection for the association rights of non-profit organizations. The best extant defense of government intervention into the membership policies of organizations like the Boy Scouts of America."—David E Bernstein, Professor, George Mason University School of Law and author, You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws

“Andrew Koppelman and Tobias Wolff demolish the reasoning behind the Supreme Court decision holding that the Boy Scouts have a constitutional right to discriminate against gays—and also give us an incisive, subtle analysis of freedom of association.”—David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School

“Boy Scouts pledge to 'be honest and open [and] respect and defend the rights of all people,' but in the Dale case, the BSA hierarchy and 5 Supreme Court justices failed that standard. With insight and clarity, Koppelman and Wolff help point the way to getting association rights and antidiscrimination law back in balance.”—Evan Wolfson, lead counsel for James Dale in Boy Scouts of America v. Dale, and author of Why Marriage Matters