Author ORCID Identifier

0000-0001-6376-6132

Document Type

Article

Publication Date

2001

Keywords

Expressive association, First Amendment, LGBT, Heterosexism, Discrimination, Sexual identity, Boy Scouts, Deference standard

Abstract

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

First Page

81

Publication Title

Tulane Law Review

Share

COinS