Discrimination Warnings

I just published a short article with Jennifer Brown over at AlterNet suggesting a way that the New Jersey legislature might make peace with Supreme Court's decision upholding the boy scouts' right to descriminate. Freedom of association guarantees the right of private groups to discriminate, but the legislature might insist upon informed association.

The state might require that to avoid liability a private association must maintain records of written ackowledgements from each of its members indicating that they are choosing to associate with an organization that retains the option of discriminating on certain bases.

A lot of people couldn't bring themselves to sign such a document.