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NO DOGS ALLOWED: FREEDOM OF ASSOCIATION v. FORCED INCLUSION ANTI-DISCRIMINATION STATUTES AND THEIR APPLICABILITY TO PRIVATE ORGANIZATIONS 17 T.M. COOLEY L. REV. 273 (2000) |
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Copyright © 2000. Thomas M. Cooley Law School; Kevin Francart |
| This is a Law Review "comment" published in the Thomas M. Cooley Law Review. This Comment discusses how the Constitution and anti-discrimination statutes protect an individual's right to choose with whom to associate and how they protect an individual from invidious discrimination. I focused on fraternal, social, and business-related organizations. This Comment begins with an explanation of major United States Supreme Court cases, federal constitutional and statutory protection, state anti-discrimination statutes, public accommodations and private club exemptions, and intimate and expressive associations. It continues with a discussion of three organizations: Boy Scouts of America, Freemasons, and United States Jaycees. Then the Comment identifies the protected classes that the organizations discriminate against, determines whether the organization is a public accommodation and if it meets a private club exemption, and examines whether the organization is an intimate association or an expressive association. I concluded that the test for characterizing an association should be that an association is commercial when its activities are not predominantly the type protected by the First Amendment. The benefits of this test are that it is manageable to apply and it protects both those who would lose their right to associate and those who would be invidiously discriminated against. |
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