Rotary International v. Rotary Club of Duarte Board of Directors

"The evidence in this case indicates that the relationship among Rotary Club members is not the kind of intimate or private relation that warrants constitutional protection," the Court observed. It noted that local Rotary clubs range in size from 20 to more than 900, and that there is about a ten percent turnover each year. New prospects are regularly reviewed, and the club is supposed to include members so as to be a "true cross-section of the business and professional life of the community." Even though membership is not open to everyone, the Court found that large, inclusive membership was encouraged, and concluded that applying the Unruh Civil Rights Act and opening membership to women would not interfere with Rotary members' right to private association.

The Court also said that the admission of women would not prevent Rotary Clubs from carrying out their purposes. It noted that the organization does not take political stands, though it does engage in community service. The Court found nothing in the Unruh Civil Rights Act that would prevent the groups from continuing such services. And the Court further noted that "[e]ven if the Unruh [Civil Rights] Act does work some slight infringement on Rotary members' right of expressive association, that infringement is justified because it serves the state's compelling interest in eliminating discrimination against women." It went on to observe that in the Roberts case, "we recognized that the state's compelling interest in assuring equal access to women extends to the acquisition of leadership skills and business contacts, as well as tangible goods and services."