This Essay has two major components. First, in Parts I and II, I describe and critique the Court's opinion in Dale, beginning with an examination of the social origins of scouting, then proceeding to an analysis of Dale. Second, in Parts III and IV, I place the questions raised in Dale in another context in which they belong but are seldom analyzed, that of the jurisprudence of public accommodations laws . . . In conclusion, I join the two major themes by framing Dale's claim as the latest in a series of cases that have invoked an evolving understanding of citizenship. What is specifically at stake in Dale is the relationship between civic status and gender and sexuality. What it illustrates more broadly is the need for a contemporary social theory of citizenship that encompasses the discursive dynamics and power of the institutions of civil society.
85 Minn. L. Rev. 1591-1637 (2001)
Scholarly Commons Citation
Hunter, Nan D., "Accommodating the Public Sphere: Beyond the Market Model" (2001). Georgetown Law Faculty Publications and Other Works. 115.