New York State Club Assn., Inc. v. City of New York

Background

New York City changed its Human Rights Law in 1984 to cover certain private clubs that have over 400 members, serve regular meals, and receive payments from nonmembers for business purposes. The amendment exempts benevolent orders and many religious corporations. A nonprofit consortium of 125 private clubs sued, arguing the law violates freedom of association and equal protection, and state courts upheld the law before the case reached this Court.

Reasoning

The Court asked whether the law is invalid on its face — meaning it could never be applied constitutionally or is substantially overbroad. The Justices ruled the facial attack fails because the law can be validly applied to many large, commercially oriented clubs and because no record evidence showed a substantial number of clubs would lose their ability to associate or speak. The Court also found the consortium had the right to bring the challenge. On equal protection, the Court accepted the city’s explanation that benevolent orders and religious corporations are plausibly different and therefore rationally exempted.

Real world impact

The decision lets New York City enforce its ban on race, sex, and similar discrimination against many large, businesslike private clubs, reducing a barrier to networking and professional advancement for women and minorities. It does not prevent individual clubs from raising constitutional claims in administrative hearings or courts, so outcomes for particular clubs can still vary.

Dissents or concurrances

Justices O’Connor and Kennedy emphasized respect for associational rights and noted clubs may still prove their special status; Justice Scalia agreed with the result but questioned the strength of the rationale for the benevolent-order exemption.