Freedom of Disassociation and Religious Communities: A Jewish Model for Associational Rights

Freedom of association as a right is a misnomer. Really, the right is about the freedom of disassociation, and the right of one group to exclude individuals from the circle of its community or association. Granting the right to from a group, without granting the right of that same group to exclude others from the group, is a worthless right. Indeed, the proper contours of associational rights have been a significant problem in all ndemocracies, as been well demonstrated by the recent United States Supreme Court five to four decision in Boy Scouts of American v Dale (530 U.S 640 2000) -- deciding when a group has the right to exclude others remains a deeply deeply dividing issue in society. What makes these rights so problematic is that (unlike other rights) they involve an act of exclusion or expulsion towards another. In that sense the exercise of this right more directly impinges on other people s rights than for example, religious freedom rights or free speech rights.