If the team is truly "private", it can admit and exclude whomever it wants, even if its choices are based on discriminatory/bigoted criteria. If the team is not truly private, its ability to set up membership rules based upon discriminatory criteria is circumscribed by law.
The Boy Scouts of America is a private organization (some have tried to argue otherwise, but the courts have so far disagreed, I believe) and it therefore can refuse admission to those who don't comply with their membership criteria, including gays. Same with the Catholic Church-it's a private organization not funded by taxpayer dollars and therefore has unfettered discretion over who it wants to admit or exclude.
Does the dichotomy between between truly private vs. public organizations lead to litigation in instances where it is unclear or disputed as to whether they are indeed private or public? Sure. But tell me: what other mechanism exists in this country to resolve this type of dispute if the parties can't otherwise agree? And although it might take a court case to resolve this particular matter, the court's decision (or possibly the final appellate ruling, if needed) will resolve the dispute for a host of other similarly-situated matters, eliminating the need for them to file separate lawsuits.
Just my 2 cents...



Quote Originally Posted by JMS View Post
Local News | Bisexual men sue gay group, claim bias | Seattle Times Newspaper

Okay, I read this story and I laughed my arse off but the story begs the question as to how far we let this sort of thing go. I mean that this really puts the cherry on the litigious cake don't you think.

This quote here really caught my attention:

Do you think the Boy Scouts could say this? How about the Catholic church?
Hey, I want to start my own all white, all men, all heterosexual club. Lets see how far that will go.

All responses to the story and or my question are welcome.

BillyJeff2 need not reply
Just teasing Billy!