| I would agree with the exclusion of boys from the Girl Scouts, or girls from the Boy Scouts, because it would be rational discrimination. I would agree with the exclusion of Christians from a Lubavitcher (a Hasidic group) boys club with a strong religious purpose. I would disagree with the exclusion of red heads from the Boy Scouts, and might make something of it, but I would not think it merited court interference, however arbitrary. The exclusion of blacks might warrant court action because we have decided that pervasive segregation is a great social evil, and developed the doctrine of public accommodations to combat it. On the other hand, whether the Boy Scouts should be viewed as a public accommodation is a matter for serious argument. Private clubs get to determine their membership. (That is what freedom of association is about). So no, I do not think that organizations should do anything they like, or even can do anything they like. However, there is a strong presumption in their favor, and I am not prepared to regard homosexuals as a protected class similar to blacks. Jerking one's knee is easy, thinking about the complexities of a question is hard........ |
