Tenino Aerie v Grand Aerie :: 148 Wn2d 224
Category: First Amendment
Fraternal Order of Eagles, Tenino Aerie #564 et al v Grand Aerie of Fraternal Order of Eagles, et al
This case strikes at the heart of our fundamental right as private citizens to freely associate. The Fraternal Order of Eagles (Eagles) was organized in Washington State in 1898 as a male-only fraternal organization. According to its articles of incorporation, its purpose is to “u}nite fraternally for mutual benefit, protection, improvement, social enjoyment and association, all persons of good moral character who believe in a Supreme Being to inculcate the principles of liberty, truth, justice and equality . . . . To promote and raise funds for duly authorized Fraternal Order of Eagles charities and contribute to worthwhile charitable causes.”
But, isn’t this discrimination? In 1995, a few local chapters of the Eagles thought so, and a laundry list of liberal organizations piled on to use this as a test case to push their agenda all the way to the State Supreme Court No matter that both the Constitution and State law are clear on the issue. Specifically, the Washington Law Against Discrimination (WLAD) specifically excludes fraternal organizations: “nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter;” (RCW 49.60.040(10)).
Case settled, right? Not so fast. When any fraternal organization is hauled into court accused of discriminating, the Supreme Court has decided that the burden of proving that the WLAD applies to them rests on them. In this case, the Court determined that the Eagles don’t need to be male-only to fulfill their stated purposes, and the Eagles are arbitrarily defined as a “public” organization.
On what basis did the Court determine that the Eagles are a “public” organization? Simply put, on a whim. It seems the Eagles have too many members and have been too successful in carrying out their deeds of benevolence. And, by the way, they don’t need to be male-only. In effect, the Eagles have now officially become a “public” organization and have lost their freedom to freely associate.
Lest any non-Eagle feel secure with their standing, at what point does your church or charitable organization become “public” for the purposes of the WLAD? Perhaps you discriminate against placing women in the pulpit. Or hiring sodomites. Because of this Court’s decision, your church or charitable organization may very well one day find itself on the wrong side of an accusation of discrimination. And make no mistake about it; the Constitution and the plain reading of the law are no defense.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Fisher, Jeffrey L | |
| pass | Johnson, Bruce E H | |
| pass | Sanders, Richard | |
| pass | Widell, John W | |
| fail | Bridge, Bobbe | |
| fail | Cohen, Davis S | |
| fail | Daszkiewicz, Rosemary | |
| fail | Even, Jeffrey T | |
| fail | Fromson, Terry L | |
| fail | Hart, Maureen A | |
| fail | Hawkins, Marlyn K | |
| fail | Ireland, Faith | |
| fail | Johnson, Charles | |
| fail | Latsinova, Margarita V | |
| fail | Madsen, Barbara | |
| fail | Owens, Susan | |
| fail | Power, Vanessa S | |
| fail | Smith, Charles | |
| fail | Strophy, Richard A |