The Baltimore Sun, 8 April 1994

April 8, 1994, Friday, ARUNDEL EDITION
SECTION: EDITORAL, Pg. 14A
LENGTH: 403 words

Private Clubs, Public Privileges

There is nothing wrong with people of common backgrounds and interests
forming clubs and enjoying each other's company. Sometimes these groups
limit membership. This is not always a sign of prejudice. Certainly no one
who was in Annapolis this week for a legislative hearing attended by the
Elks and other clubs that exclude women could say they sensed malicious
intent. Indeed, these people came across as well-meaning and dedicated to
good works.

Nonetheless, the legislation they came to Annapolis to denounce -- a bill
that would strip their clubs' liquor licenses unless bylaws are changed to
admit women -- has merit and ought to be passed.

The clubs argue that, without liquor licenses, they will not be able to
raise funds to perform charitable deeds. But good deeds are not the issue
here. The question is whether a government that stands for equal opportunity
for all should be granting privileges to groups that exclude. The answer is
no -- especially when inclusion would not damage the purpose of the club, as
is the case with the Elks, who acknowledge the admission of women would not
affect their activities or goals.

The city of Annapolis has established a precedent for the state
legislation. Its law denying liquor licenses to exclusionary groups has
withstood an appeal by the Annapolis Elks, who now are looking for property
outside the city. They say they and other lodges will be in a real bind if
the state bill passes. That is unfortunate, but insufficient reason for
lawmakers to discard this legislation.

Nor should the lawmakers be dissuaded by arguments that the bill might not
stop discrimination. Yes, clubs could change their bylaws and still exclude
in practice, but those that try to do so probably would leave themselves
open to legal challenges. Moreover, there is reason to believe the bill
would promote fairness. Annapolis' law quickly prompted change by groups
such as the Annapolis Yacht Club, which admitted its first black member, the
late Dr. Aris Allen, after the measure passed in 1991.

Not all exclusion is wrong. But equal treatment must be a requisite for
private groups that want public support. The Elks and other clubs worried
about losing that support should be lobbying their national organizations to
change the rules, not pressuring lawmakers to kill this bill.