State High Court Lets Stand Ruling Barring Club’s Policy Against Hiring Women

The state Supreme Court on Thursday let stand a milestone appellate decision prohibiting the exclusive all-male Bohemian Club from refusing to hire women as employees.

The justices, in a brief order, refused to hear claims by the club’s attorneys that a ruling by the state Court of Appeal here Nov. 21 violated its constitutional rights to privacy and freedom of association and would “drastically and fundamentally” change the nature of the organization.

The 114-year-old club counts among its 2,000 members scores of the nation’s most prominent business and political leaders, including President Reagan, Vice President George Bush and former President Gerald R. Ford. Its summer encampment at the 2,500-acre Bohemian Grove near the Russian River north of here draws corporate leaders, university presidents and literary notables who engage in male fellowship and participate in skits and musical productions.

Thursday’s order was signed by Chief Justice Malcolm M. Lucas. None of the other current members of the court--Justices Stanley Mosk, Allen E. Broussard and Edward A. Panelli--indicated they wanted to review the case.

In its ruling, the three-member appellate court left undisturbed the club’s all-male membership policy. But the panel held that the club’s employment barriers to women violate state laws against job bias. The panel, observing that club policy prohibits members from fraternizing with employees, said the hiring of female workers would not affect the associational rights of members.

The state Supreme Court’s action was praised by an attorney for the state agencies that had challenged the club’s hiring policy. Deputy Atty. Gen. Marian M. Johnston said that the appellate decision will now be applicable statewide to any similar private club with discriminatory employment policies.

“This makes clear that California law applies to all employers and that organizations like the Bohemian Club are no different from any other employer,” Johnston said.

An attorney for the club, William I. Edlund of San Francisco, said he was “very disappointed” that the justices allowed the ruling to stand and said the case would be taken to the U.S. Supreme Court. Edlund noted that the case involves important issues concerning the rights to privacy and association and said that he is optimistic that the high court will agree to review it.

The Bohemian Club meets during the year in San Francisco and holds its annual encampment during the summer at the retreat in Sonoma County. In the city, the organization employs a permanent male staff of 90 and at the encampment it hires a temporary force of 250 men.

The discrimination suit was brought in 1979 by the state Department of Fair Employment and Housing after the club limited applications for a clerk-typist job to males.

During a hearing, former Gov. Edmund G. (Pat) Brown, a club member, testified that the gatherings offered an opportunity for “male camaraderie, where men get together and are free of the element of the battle of the sexes or the competition or distraction of having the other sex present.”

Another member, author William F. Buckley, said the presence of female workers would cause him to “forfeit my sense of allegiance” to the organization.

The club’s attorneys emphasized that it is not a business organization and that its purpose is strictly male fellowship and appreciation of the arts. The club contended that privacy rights were at stake, pointing out that many shower and bathroom facilities at the encampment are open and that members sometimes roam the premises undressed.