Fraternal Order of Eagles v. GRAND AERIE

27 P.3d 1254
CourtCourt of Appeals of Washington
DecidedAugust 3, 2001
Docket25864-1-II
StatusPublished
Cited by11 cases

This text of 27 P.3d 1254 (Fraternal Order of Eagles v. GRAND AERIE) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraternal Order of Eagles v. GRAND AERIE, 27 P.3d 1254 (Wash. Ct. App. 2001).

Opinion

27 P.3d 1254 (2001)

FRATERNAL ORDER OF EAGLES, TENINO AERIE NO. 564; Kathleen L. Connor; Lanette Davis; Julia A. Foster; Gayle L. Hartman; Kaycee L. Johnson; Annette M. Riley; Diane E. Roberts; Janet Tresenriter; Alice F. Vassar; and Whidbey Island Aerie No. 3418, Respondents,
v.
GRAND AERIE, FRATERNAL ORDER OF EAGLES and Washington State Aerie, Fraternal Order of Eagles; Washington State Aerie, Appellants.

No. 25864-1-II.

Court of Appeals of Washington, Division 2.

August 3, 2001.

*1255 John Warner Widell, Hall Zanzig Widell PLLC, Seattle, Howard Terry Hall, Wolfstone Panchot & Bloch PS, Seattle, for Appellant.

Rosemary Daszkiewicz, Marlyn Kathryn Hawkins, Cairncross & Hempelmann PS, Seattle, for Respondents.

Bruce Edward Humble Johnson, Jeffrey L. Fisher, Davis Wright Tremaine, Seattle, for Amicus Curiae Conpor.

BRIDGEWATER, J.

The Grand Aerie of the Fraternal Order of Eagles (FOE), together with the Washington State FOE, appeals the trial court's grant of summary judgment in favor of FOE's chapter in Tenino, Washington. The trial court ruled that FOE's refusal to admit new female members violated Washington's law against discrimination, chapter 49.60 RCW. We hold that a plain reading of this statute exempts fraternal organizations from its application except when such organizations permit public use. We reverse, including the award of attorney fees, and remand for entry of summary judgment in favor of the Grand Aerie.

History, Purpose, and Organizational Structure

Established in 1898, FOE now has 1.6 million members. There are approximately 66,000 members in Washington belonging to 106 chapters, or "Local Aeries." FOE is a nonprofit organization.[1] All Aeries are privately funded.

FOE's purpose is to "unite fraternally for mutual benefit, protection, improvement, social enjoyment and association, all persons of good moral character who believe in a Supreme Being to inculcate the principles of liberty, truth, justice and equality[.]" CP at 644. FOE engages in activities designed to promote fraternity, charity, community, friendship and civic responsibility.

The Grand Aerie is FOE's governing body and establishes organizational policy. Every Local Aerie must adopt FOE's constitution.

The Grand Aerie strictly maintains that FOE is not a civic or business group. According to the Grand Aerie, FOE does not promote its members' business or economic interests, no outside business may be conducted at Aerie meetings, and it does not offer training or opportunities for its members to develop business skills or contacts.

Membership Requirements

Although FOE constantly seeks to increase its membership, the Grand Aerie restricts who may become an Aerie member:

No person shall be eligible to be elected to membership ... unless such person is a male, is of good moral character, and believes in the existence of a Supreme Being, is not a member of any other Local Aerie of the [FOE], and unless he is over twenty-one (21) years of age[.]

CP at 669. In addition, prospective members must not belong to the Communist party or advocate the violent overthrow of the government.

To join a Local Aerie, an individual must be sponsored by two current members in good standing of that Aerie. The Grand Aerie claims that members may not sponsor *1256 an individual unless they believe he would be a good friend and fraternal brother.

After being nominated, applicants must be interviewed and recommended by the interviewing committee of the Local Aerie they seek to join. If an applicant is recommended, the members then vote to admit or reject him.

Policy on Female Aerie Members

FOE has a long history of excluding women from membership in Aeries. Instead, each Local Aerie has a corresponding Auxiliary that admits only women. But in 1995, the Grand Tribunal, FOE's judicial body, issued Opinion 750 that reversed the males-only Aerie membership policy. Soon after Opinion 750 was issued, several Local Aeries, including the Tenino, Washington Aerie (Tenino Aerie), began to admit female members.

The Grand Aerie withdrew Opinion 750 during its 1998 convention, thereby reinstating the males-only Aerie membership policy. The Grand Aerie, however, did not revoke the membership of women who became Local Aerie members before Opinion 750 was withdrawn. These women continue to be treated as full Aerie members by the Grand Aerie. The Tenino Aerie currently has 721 members, including 56 women.

According to FOE's constitution, any Aerie member may attend the meeting of another Aerie in a non-voting capacity. Female Aerie members (as opposed to Auxiliary members) must be welcomed at every other Local Aerie's meetings, regardless of whether that particular Aerie has chosen to admit women.

Rituals

Local Aeries hold twice-monthly meetings at which FOE's rituals are performed. Only Aerie members may attend such meetings. Only Aerie members know these rituals.

Aeries practice their rituals extensively. Ritual competitions are an important part of state, regional, and national FOE gatherings. The Grand Aerie claims that the rituals "are the essence of membership in the [FOE]"[2] and would be rendered meaningless if not performed among men who value the "unique bond among a group of male friends who share a belief in a Supreme Being." Br. of Appellant at 10. Female members of the Tenino Aerie attend its meetings and also participate in its rituals.

Nonmembers and FOE

Although Aerie facilities are not open to the public, there are several ways that non-members of either sex can use the facilities. Every Local Aerie has a provision allowing Aerie and Auxiliary members to bring guests into its club or social room. Local Aeries sometimes rent unused rooms for weddings and similar events. In Washington, some Local Aeries serve lunch to anyone willing to pay; some also hold public dances.

FOE includes non-members, of both sexes, in many of its activities. Both male and female non-members attend its national convention. FOE works closely with male and female non-members through its various humanitarian, civic, and patriotic programs. Local Aeries carry out weekly or monthly suppers, evening entertainment, holiday activities, and civic events. Some of these events are for the members and their families and guests, other events are open to the public. FOE works with area youth, sponsors floats in parades, and honors non-member fire fighters and police officers.

I. Washington's Law Against Discrimination

Washington's law against discrimination ("WLAD" or "the statute") recognizes the "right to be free from discrimination because of race, creed, color, national origin, [and] sex"[3] as a "civil right." RCW 49.60.030(1). Its purpose is to "deter and eradicate discrimination in Washington." Marquis v. City of Spokane, 130 Wash.2d 97, 109, 922 P.2d 43 (1996). Its provisions are to be liberally construed[4] to accomplish this *1257 purpose and its exceptions "narrowly confined." Phillips v. City of Seattle, 111 Wash.2d 903, 908, 766 P.2d 1099 (1989).

WLAD specifically prohibits discrimination in "public accommodation,"[5] broadly defined as:

[A]ny place, licensed or unlicensed ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ROCKETTS v. State Bd. of Accountancy
43 P.3d 548 (Court of Appeals of Washington, 2002)
Ricketts v. Board of Accountancy
43 P.3d 548 (Court of Appeals of Washington, 2002)
In re the Welfare of A.T.
109 Wash. App. 709 (Court of Appeals of Washington, 2001)
In Re Welfare of At
34 P.3d 1246 (Court of Appeals of Washington, 2001)
City of Shoreline v. Club for Free Speech Rights
36 P.3d 1058 (Court of Appeals of Washington, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
27 P.3d 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraternal-order-of-eagles-v-grand-aerie-washctapp-2001.