Article by Darren Lenard Hutchinson
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.
About the Author
Darren Lenard Hutchinson. Assistant Professor of Law, Southern Methodist University School of Law. B.A., University of Pennsylvania; J.D., Yale Law School.
Citation
76 Tul. L. Rev. 81 (2001)