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dc.contributor.authorTroum, Nealen_US
dc.date.accessioned2013-02-15T22:03:49Z
dc.date.available2013-02-15T22:03:49Z
dc.date.issued2002en_US
dc.identifier.citation35 Creighton L. Rev. 641 (2001-2002)en_US
dc.identifier.urihttp://hdl.handle.net/10504/40405
dc.description.abstractINTRODUCTION|On June 28, 2000, the Supreme Court held that the application of New Jersey's public accommodations law, which barred the Boy Scouts of America ("BSA") from excluding former Eagle Scout James Dale, an "avowed homosexual," on the basis of his sexual orientation, was unconstitutional as applied to BSA. This decision culminated a series of lawsuits in which BSA had successfully argued that, unlike the New Jersey law, other states' antidiscrimination statutes did not apply to BSA. Thus, before Boy Scouts of America v. Dale, the constitutionality of a law that barred an organization like BSA from excluding people on the basis of their sexual orientation remained an open question. In a 5-4 decision, the Court in Dale affirmatively answered BSA's plea for a constitutional right to exclude. Two primary lines of cases relevant to the issues of expression and exclusion preceded Dale. The first, following Roberts v. United States Jaycees, supported James Dale's position and suggested that...en_US
dc.publisherCreighton University School of Lawen_US
dc.titleExpressive Association and the Right to Exclude Reading between the Lines in Boy Scouts of America v. Daleen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume35en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.note2001-2002en_US
dc.description.pages641en_US
dc.contributor.cuauthorFiroz, Muhammaden_US


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