Take Home Midterm Question

Take Home Midterm Question - Take Home Midterm Question #1...

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Take Home Midterm Question #1 The case of Boy Scouts of America vs. Dale posed a difficult question to the Supreme Court. The case was extremely socially and politically charged and brought with it questions of discrimination and freedom of association. The case began in the New Jersey Superior Court and eventually rose through the system to the US Supreme court. The legal and political analysis of both Alexander Meikeljohn and Martin Redish provide one with two different ways of viewing the facts of this case and its relation to the first amendment and freedom of association. The suit was originally brought forward because Dale, who was openly homosexual and a noted gay rights activist, had his membership from the Boy Scouts removed based solely on his sexual orientation. Dale claimed that the Boy Scouts was an organization that fell under the New Jersey law of public accommodation and therefore could not use discriminatory tactics in the choosing of its members. Thus the Boy Scouts claimed that they were a private not-for profit organization and therefore could choose their members as they saw fit and were protected under the first amendment’s protection of freedom of association. The Boy Scouts chose their members based on their value system and homosexuality was not accepted under their moral guidelines. The New
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This note was uploaded on 03/27/2008 for the course POLI SCI 470 taught by Professor Schweber during the Spring '07 term at Wisconsin.

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Take Home Midterm Question - Take Home Midterm Question #1...

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