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79 Neb. L. Rev. 794 (2000)
A Call for a Modified Standard: The Supreme Court Struggles to Define when Private Organizations Can Discriminate in Contravention of State Antidiscrimination Laws in Boy Scouts of America v. Dale, 120 S. Ct. 2446 (2000)

handle is hein.journals/nebklr79 and id is 804 raw text is: Note* A Call for a Modified Standard: The Supreme Court Struggles to Define When Private Organizations Can Discriminate in Contravention of State Antidiscrimination Laws in Boy Scouts of America v. Dale, 120 S. Ct. 2446 (2000) TABLE OF CONTENTS I. Introduction .......................................... 794 II. Background of Expressive Association ................. 796 III. Boy Scouts of America v. Dale: Background Facts and Procedural Posture .................................... 802 IV. Analysis .............................................. 805 A. The Majority's Standard is Over-protective ......... 805 B. The Dissent's Heightened Standard is Under- protective ......................................... 808 C. A Proposed Standard .............................. 819 V. Conclusion ............................................ 823 I. INTRODUCTION Since the Civil Rights Act of 1964,' the federal government has played a significant role in reducing invidious discrimination against individuals on the basis of race, religion, color and national origin. Ti- tle 112 of that Act prohibits discrimination or segregation in places of public accommodation if the operations of such establishments affect © Copyright held by the NEBRASKA LAW REVIEW. * Sean B. Druyon, University of Utah, B.S., 1998; University of Nebraska, J.D. 2001 (NEBRASKA LAW REVIEW, Executive Editor, 2001). I would like to give spe- cial thanks to my wife and children for all the love and support they have given me. 1. See 42 U.S.C. §§ 1971, 1975a-1975d, 2000a-2000h-6 (1994). 2. See 42 U.S.C.A. § 2000a. 794

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