The Neolibertarian Proposal

Document Type

Book Chapter

Publication Date



A prominent group of scholars, referred to as “neolibertarians,” argue that noncommercial private associations should be given an absolute right to discriminate. Their approach promises “to draw a line between [freedom of association and antidiscrimination law] that will preserve a large realm for group expression and organization while allowing the state to promote its equality objectives in the most compelling contexts.” This chapter shows that the neolibertarian arguments are only slightly modified versions of old, discredited libertarian objections to the existence of any antidiscrimination law at all.


neolibertarianism, right to discriminate, antidiscrimination law, noncommercial private associations

Publication Title

A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association