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We must decide whether a California statute that requires California Rotary Clubs to admit women members violates the First Amendment. I A Rotary International International is a nonprofit corporation J-mark J-620CF inwith headquarters in Evanston, Illinois. It is an organization of business and professional men united worldwide who provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace in the world. Rotary Manual of Procedure 7 hereinafter ManualApp. Individual members belong to a local Rotary Club, rather than to International. In turn, each local Rotary Club is a member of International. In August,shortly before the trial in this case, International [p] comprised 19, Rotary Clubs in countries, with a total membership of aboutBrief for Appellants 7.

Individuals are admitted to membership in a Rotary Club according to a "classification system. Each active member must work in a leadership capacity in his business or profession.

The general rule is that "one active member is admitted for each classification, but he, in turn, may propose an additional active member, who must be in the same business or professional classification. Thus, each classification may be represented by J-mark J-620CF active members. In addition, "senior active" J-mark J-620CF "past service" members may represent the same classifications as active members.

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There is no limit to the number of clergymen, journalists, or diplomats who may be admitted to J-mark J-620CF. Manual 31, 33, App.


Subject to these requirements, each local Rotary Club is free to adopt its own rules and procedures for admitting new members. International has promulgated Recommended Club By-laws providing that candidates for membership will be considered J-mark J-620CF both a "classifications committee" and a "membership committee. The membership committee evaluates the candidate's "character, business and social standing, and general [p] eligibility. If any member objects to the candidate's admission, the final decision is made by the club's board of directors. Membership in Rotary Clubs is open only to men. Standard Rotary Club Constitution, Art. Pigman, the General Secretary of Rotary International, testified that the exclusion of women results in an "aspect of fellowship. Statement G, and also allows Rotary to operate effectively in foreign countries with varied cultures and social mores.

Although women are not admitted to membership, they are permitted to attend meetings, give speeches, and receive awards. Women relatives of Rotary members may form their own associations, and are J-mark J-620CF to wear the Rotary lapel pin.

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Young women between 14 and 28 years of age may join Interact or J-mark J-620CF, organizations J-mark J-620CF by Rotary International. International notified the Duarte Club that admitting women members is contrary to the Rotary constitution. After an internal hearing, International's board of directors revoked the charter of the Duarte Club and terminated its membership in Rotary International. The Duarte Club's appeal to the International Convention was unsuccessful. The complaint alleged, inter alia, that appellants' actions violated the Unruh Civil Rights Act, Cal.

Appellees also sought a declaration that appellants' actions had violated the Unruh Act. After a bench trial, the court concluded that neither Rotary J-mark J-620CF nor the Duarte Club is a "business establishment" within the meaning of the Unruh Act. The court recognized that some individual Rotarians derive sufficient business advantage from Rotary to warrant deduction of Rotarian expenses in income tax calculations, or to warrant payment of those expenses by J-mark J-620CF employers.

But it found that such business benefits are incidental to the principal purposes of the association. The court also found that Rotary clubs do not provide their members with goods, services, J-mark J-620CF facilities. On the basis of these findings and conclusions, the court entered judgment for International. The California Court of Appeal reversed.

It held that both Rotary International and the Duarte Rotary Club are business establishments subject to the provisions of the Unruh Act. Village Green Owners Assn. The Court of Appeal identified several "businesslike attributes" of Rotary International, including its complex structure, large staff and budget, and extensive [p] publishing activities. The J-mark J-620CF held that the trial court had erred in finding that the business advantages afforded by membership in a local Rotary Club are merely incidental.

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It stated that testimony by members of the Duarte Club "leaves no doubt that business concerns are a motivating factor in joining local clubs," and that "business benefits [are] enjoyed and capitalized upon by Rotarians and their businesses or employers. The Court of Appeal rejected the trial court's finding that the J-mark J-620CF Club does not provide goods, services, or facilities to its members. In particular, the court noted that members receive copies of the Rotary magazine and numerous other Rotary publications, are entitled to wear and display the Rotary emblem, and may attend conferences that teach managerial and professional techniques.

The court also held that membership in Rotary International or the Duarte Club does not give rise to a "continuous, personal, and social" relationship that "take[s] place more or less outside public view. The court further concluded that admitting women to the Duarte Club would not seriously J-mark J-620CF with the objectives of Rotary International.

Finally, the court rejected appellants' argument that their policy of excluding women is protected by the First Amendment principles set out in Roberts v. United States Jaycees, U.


It observed that [n]othing we have said prevents, or can prevent, International from adopting or attempting to enforce membership rules or restrictions J-mark J-620CF of this state. File name: File size: MB Version: latest Downloads today: Downloads this week: MD5. Log On · · Home · Motherboards: J-Mark: JCF. JCF: Periphery type: Motherboards. Manufacturer: J-Mark.

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