Rotary International v. Rotary Club of Duarte Board of Directors

Rotary International was formed in 1905 as a worldwide organization of business and professional men who provided community service, promoted high ethical standards, and worked for world peace. Individual members join local Rotary Clubs, and those clubs belong to the international organization. At the time of the hearing before the Supreme Court in 1987, there were 19,788 Rotary Clubs with over 900,000 members in 157 countries.

Rotary Clubs invite members under a classification system listing different businesses and professions. An active member is elected for each category, and that member may propose a second member in the same field, so that each classification can have two active members. Each club may adopt other requirements for membership. Although the rules provide that membership can only be extended to men, the organization does allow female relatives of members to be active in affiliated organizations.

The Supreme Court applied the reasoning of Roberts v. U.S. Jaycees (1984), a case in which the Court upheld a Minnesota law requiring the Jaycee, to admit women. In Roberts, the Court found that the Constitution protects citizens against unjustified government interference with their right to intimate or private relationships, and that it protects their right to associate for expressive association such as religion or protected speech. To determine an individual's right to join a particular organization requires an assessment of where the organization falls on a scale from private relationships to very public ones, the Court said. Factors such as "size, selectivity, and whether others are excluded from critical aspects of the relationship" are used to determine the extent of constitutional protection.