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Old 03-04-2003, 07:33 PM   #1
smoothmoniker
to live and die in LA
 
Join Date: Feb 2003
Location: Los Angeles
Posts: 2,090
Augusta, Boy Scouts, and Free Association

The Boy Scouts want to exclude homosexuals.

Augusta National wants to exclude women.

Setting aside, for the time being, the ethical arguments for or against their respective positions, I'm interested in finding out what people think about the essential right of free association.

Is freedom of exclusion an necessary component of free association? The Supreme Court has repeatedly upheld that it is, but are they correct?

Secondarily, should the means of discriminating between those allowed membership and those excluded be essential to the purposes of association, or are they just as valid if they are tangiential? In other words, if the purpose of my associate with other people is to build a windmill, excluding those who cannot swing a hammer pertains to the essential purpose. Excluding all those who's names start with the letter "M" is clearly tangential. Speaking ethically rather than legally, is it still within my rights to do so?

-sm

(PS, if this devolves into a pro-anti-war thread like everything else on the site, so help me I'll vomit on my spiffy new sketchers)
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