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“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

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.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution of the …

Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

E. Clinton Bamberger Jr. was the first director of legal services in the federal Office of Economic Opportunity, and later of Community Legal Services. He practiced law in Baltimore, where he represented the petitioner in the landmark case of Brady v. Maryland. In 1981 he was made an honorary fellow of Penn Law School. He died in 2013.

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.