The Founders and Slavery

Leslie Goldstein lesl at UDEL.EDU
Fri Apr 21 10:03:26 PDT 2000

I believe that a KKK leader is allowed to keep blacks out of the Klan
but NOT allowed to refuse to hire one.  So I am afraid I don't see what
point Dougherty is making here.
Leslie Goldstein

Richard Dougherty wrote:

>  Sorry about the confusion in my post; I was trying to play on the
> religious fervor often attached to Red Sox and Yankee fandom, but it
> obviously didn't work.  Let me try again:
> I didn't intend to refer only to the protection of religious
> associational rights in the workplace; as Michael points out, they are
> not protected, lumped as they are with other claims of bigotry.  The
> line of discussion began, if I recall, with Eugene posting a comment
> (or summary) on the Missouri Klan case:
>      Cuffley v. Mickes, 2000 WL 336668 (8th Cir. Mar. 31), holds that
>      the KKK has the right to discriminate based on race and religion
>      in membership, because "[t]here seems little question that
>      requiring the Klan to accept non-'Aryans' would significantly
>      interfere with the Klan's message of racial superiority and
>      segregation [citing New York State Club Ass'n, Rotary Club, and
>      Roberts v. Jaycees, with a but cf. to Runyon v. McCrary]."
> Douglas Laycock then addressed the issue, raising a question about why
> the Klan was more readily protected than religious association.  My
> point is the one Michael refers to parenthetically, that religious
> organizations, but not others, are allowed to discriminate.  The
> question of discrimination, then, turns on the purpose of the
> association, as here in the Klan case?
> Richard Dougherty
> Michael McConnell wrote:
>> I am confused by Richard Doughtery's post. As I understand the law,
>> employers are free to hire only Red Sox fans, but (unless they are
>> religious organizations) are not free to hire only members of a
>> particular religion. Thus, instead of protecting religious
>> association rights in the workplace more vigorously than we do other
>> forms of association, we do the opposite (lumping the preference for
>> working with members of one's religion along with racism, sexism,
>> and
>> other invidious discrminat
>> -- Michael McConnell (U of Utah)
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