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[parent] [thread] 2 comments
1. bmelto+(OP)[view] [source] 2018-01-16 23:40:11
IANAL, but:

> Gender is a protected class

Which means that businesses doing public accommodation are restricted from discriminating, but 'private clubs' (such as the Boy Scouts), who have a narrowly tailored interest that is benefitted by discrimination against a protected class is generally allowed (subject to variances within state law).

For example, a group for men who have been sexually molested by men would likely be considered presumptively lawful, but a group for men who also happen to be car salesmen would likely not be.

There are a number of details that need to be considered as well, as (loosely) prescribed by _Rotary Club of Duarte[1]_, such as exclusivity (it can't be publicly available to be overheard), and purpose (already covered), but if neither conditions are met, and a state law prohibits such discrimination, then it meets (at least) a rational basis standard.

[1] - https://www.law.cornell.edu/supremecourt/text/481/537

replies(1): >>JoeAlt+Z
2. JoeAlt+Z[view] [source] 2018-01-16 23:48:26
>>bmelto+(OP)
btw BSA now admits girls too. So maybe not the best example.
replies(1): >>bmelto+a2
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3. bmelto+a2[view] [source] [discussion] 2018-01-17 00:00:42
>>JoeAlt+Z
Which, IIRC, they decided to do of their own accord, after having won suits around discrimination (e.g., _Dale_) Whether the point is mooted or not is up for discussion, but whether they have the right to discriminate is settled, according to the Supreme Court. They clearly do.
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