That’s the focus of Chapter 12 of You Can’t Say That!, and I recently came across an interesting article discussing debate over the topic within the ACLU way back in 1972. (I’m supposed to be on a blogging break, but I’m packing and I’m afraid I’ll lose this article in the shuffle.) It’s from the June 14, 1972, Washington Post, and it’s entitled “Top ACLU Lawyer Here Agrees with Club Ruling”:
[D.C. chapter counsel] Ralph Temple said yesterday that he approves of Monday’s Supreme Court ruling that a genuinely private social club may practice racial discrimination although it has accepted a state liquor license. He said there are sharp differences on the issue among civil libertarians “The right of a private group to not be punished because they enjoy their right of private association” must be upheld. … Allison Brown [an attorney handling a case for the ACLU against a private community swimming pool that discriminated] added that he disagrees sharply with Temple’s approval of Monday’s Supreme Court decision.
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