The First Amendment Right to Discriminate

Eitches, Eliana Rae

The "It Gets Better" Campaign, aimed at supporting troubled LGBTQ youth, will be unable to reach its goals if major quasi-public organizations like the Boy Scouts of America are protected underneath the 1st Amendment's freedom of association rights granted to private organizations. With Hurley et al. v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., et al. and Boy Scouts of America and Monmouth Council, et al., Petitioners v. James Dale, the Supreme Court set a dangerous precedent, sanctioning discrimination under the guise of protecting the 1st Amendment.


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February 14, 2013