The boy scouts' three (four?) association claims

[Michael McConnell]

I would note that every one of Marty Lederman's examples of Supreme
Court approval of the application of antidiscrimination laws to
leadership choices involves either a for-profit business or a public
institution. The Scouts' suggestion that noncommercial expressive
associations should enjoy the same freedom to select their leaders
than religious associations already enjoy seems a modest step, which
would advance civil libertarian values without seriously infringing
on anyone's civil rights. If, for example, the NRA decides to select
a woman to lead the organization, thinking this would be good for
public relations, I think it is entitled to do so.




Michael McConnell (U of Utah)
332 South 1400 East
Salt Lake City, UT 84112
mcconnellm at law.utah.edu