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Article
Closet Case: Boy Scouts of America v. Dale and the Reinforcement of Gay, Lesbian, Bisexual, and Transgender Invisibility
Tulane Law Review (2001)
  • Darren L Hutchinson, American University Washington College of Law
Abstract

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "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.

Publication Date
November, 2001
Citation Information
Darren L Hutchinson. "Closet Case: Boy Scouts of America v. Dale and the Reinforcement of Gay, Lesbian, Bisexual, and Transgender Invisibility" Tulane Law Review Vol. 76 Iss. 1 (2001)
Available at: http://works.bepress.com/darren_hutchinson/19/