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
Recommended Citation
Darren Lenard Hutchinson, Closet Case: Boy Scouts of America v. Dale and the Reinforcement of Gay, Lesbian, Bisexual, and Transgender Invisibility, 76 TUL. L. REV. 81 (2001).
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Lesbian, Gay, Bisexual, and Transgender Studies Commons, Supreme Court of the United States Commons