Board Of Directors Of Rotary International v. Rotary Club Of Duarte

481 U.S. 537 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Rotary International was an organization of business and professional men. By August 1982 there were 19,788 Rotary Clubs in 157 countries with total membership of about 907,750. Each active member must work in a leadership capacity in his business or profession. Subject to the rules of classification from the Basic Charter, each local Rotary Club is free to adopt its own rules and procedures for admitting new members. Membership in Rotary Clubs was only open to men. Women were permitted to attend meetings and give speeches and receive awards. Women were even allowed to form their own associations and were authorized to wear the Rotary lapel pin. The International Rotary organization revoked the charter of a local rotary club because it had admitted women. The local club and two of its women filed suit. They sued under the California Unruh Act. Ps sought to enjoin D from enforcing its restriction against admitting women members and revoking the local charter. The court determined that the organization was not a business establishment within the meaning of the Unruh Act. The court found that the business benefits to membership were incidental to the principal purpose of the association. The court also found that the clubs did not provide their members with goods, services, or facilities. D got the judgment. The California Court of Appeal reversed and held that the Clubs were business establishments subject to the Unruh Act. The court noticed that the Club had a complex structure, large staff, large budget, and extensive publishing activities. It held that testimony showed that business concerns were the motivating factor in joining the local clubs. The court also rejected the holding that the club did not provide goods and services or facilities to its members. The court held that being a member of the Club did not give rise to continuous, personal and social relationships that take place outside of public view. The court also held that admitting women would not seriously interfere with the objectives of D. The California Supreme Court denied D’s petition for review. The Supreme Court granted certiorari.