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August 02, 2005


Charlie Hinkle

The Ninth Circuit's opinion says: "The School does not attempt to justify its admissions policy by appealing to a First Amendment right to freedom of association, see Runyon v. McCrary, 427 U.S. 160, 176 (1976) (“Invidious private discrimination may be characterized as a form of exercising freedom of association protected by the First Amendment, but it
has never been accorded affirmative constitutional protections.”)"

Is that statement from Runyon good law? If the organizers of the St. Patrick's Day Parade in Boston have a First Amendment right to exclude persons who want to express a certain message about their sexual orientation (Hurley, 515 US 557 238 (1995)), and if the Boy Scouts have a First Amendment right to exclude gays (and presumably atheists) (Boy Scouts v. Dale, 530 US 640 (2000)), why doesn't the School in Hawai'i have a First Amendment right to limit admissions to native Hawai'ians?

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