Tina L. Wellner


The United States Supreme Court has frequently expressed the notion that private clubs have a right to discriminate in cases such as Moose Lodge No. 107 v. Irvis, amongst others. This Note examines post-Moose Lodge case law and theories to determine when exclusion, despite abridgement of associational rights, becomes illegal discrimination. In addition, it proposes new theories and laws to deal with discrimination by private clubs, including continued and expanding use of administrative procedures.