Why Regulate the BSA?
Document Type
Book Chapter
Publication Date
7-1-2009
Abstract
This chapter addresses the question of whether it is appropriate for the law to intervene against the Boys Scouts of America (BSA). It argues that there are three legitimate reasons for the state to forbid discrimination by the BSA. First is the harm to the youth who are subjected to discriminatory treatment. Second, it is doubtful that the BSA's discriminatory policy actually reflects members' preferences better than a regime in which states can prevent discrimination by the BSA within their borders. Finally, there is an interest in ensuring that a major institution of civil society adapts to the cultural norms of the place where it operates.
Keywords
Boys Scouts of America, discrimination, discriminatory policy
Publication Title
A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
Repository Citation
Wolff, Tobias and Koppelman, Andrew, "Why Regulate the BSA?" (2009). Book Chapters. 181.
https://scholarship.law.upenn.edu/faculty_chapters/181
https://doi.org/10.12987/yale/9780300121278.003.0006
DOI
https://doi.org/10.12987/yale/9780300121278.003.0006