This is for folks who are interested in the legal questions surrounding USEF/SS. It is not a defense of GM, nor is it a critique of SS’s mission.
People keep saying “USEF is a private club. It can do whatever it wants.” I am skeptical that courts would treat it as a private club. See the article below. Now, the fact that courts might treat USEF as NOT being a private club is only the first question. The next question is, what legal obligations (in addition to non-discrimination) would flow from this determination?
https://www.wsj.com/articles/SB124588111858449559
Some golf courses, country clubs and social groups long have discriminated against certain types of people, usually women and minorities. Private organizations sometimes presume that they can exclude whomever they want, no questions asked.
And in one sense, they are right. Ironically, the more selective a club is, the more it is considered to be truly private and thus protected against antidiscrimination laws. In other words, a small, all-male group of stamp collectors who meet in a private home aren’t unlawfully discriminating by not accepting women.
But clubs that presume they are private frequently turn out not to be in the eyes of the law in some states.
“Over the last 20 years, societal pressures have led to a steady narrowing of what qualifies as a private organization, free from antidiscrimination laws,” says Robert Duston, a Washington attorney who specializes in defending discrimination cases.
Take the Mill River Club Inc., a country club in Oyster Bay, N.Y., that considers itself private. Marc Wenger, the club’s attorney, says Mill River is selective in choosing members, picking them partially on the basis of religion with the stated goal of achieving a balance of Jews and Christians.
Club member Joseph Pezza filed a complaint against the club in 2002, claiming the religious-diversity policy embarrassed him because “it puts unnecessary labels on people,” according to court testimony.
Earlier this year, a New York court ruled that the club wasn’t actually “private,” and that its religious quota system violated state law.
The court based its decision on evidence that included the fact that nonmembers took tennis lessons and attended social events at the club. The court also noted that the club has more than 100 members – a factor that is relevant under New York state law in deciding whether a group is a “place of public accommodation.”