Constitutional Law
Sep. 23, 2000
Open Season
In Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000), the U.S. Supreme Court opened the door to greater discrimination based on race, gender, religion and sexual orientation. In ruling that the Boy Scouts have a constitutional right to exclude gay men, the court provided a basis for any group that wants to discriminate to exempt itself from federal, state and local anti-discrimination laws.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000), the U.S. Supreme Court opened the door to greater discrimination based on race, gender, religion and sexual orientation. In ruling that the Boy Scouts have a constitutional right to exclude gay men, the court provided a basis for any ...
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