Mothers Against Drug Addiction (MADA) is an organization of…
Mothers Against Drug Addiction (MADA) is an organization of women. It lobbies the government about drug policy. The organization argues that addiction harms families (mothers in particular), and not just the individual drug user. Their appeals are often, though not always, based on personal stories told by members who have felt the effects of addiction in their families. Fred, a man who supports MADA’s mission, wishes to join the organization. MADA rejects his application, however, because, according to the organization’s rules, only females are eligible to join. Fred sues MADA for violating the state’s anti-discrimination law, which prohibits groups (including MA-DA) from discriminating on the ground of sex. MADA admits that it is discriminating against Fred because of his sex and that the discrimination violates the statute. It argues, however, that it has the right under the First and Fourteenth Amendments to discriminate. Will MADA succeed in its constitutional argument?