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.
- ISBN10 030012127X
- ISBN13 9780300121278
- Publish Date 9 June 2009
- Publish Status Unknown
- Publish Country US
- Imprint Yale University Press
- Format Hardcover
- Pages 192
- Language English