Yes, our Supreme Court tried to do the same thing to us a few years ago, prohibiting attorney membership in any organization that discriminated on the basis of the laundry list. It effectively would have barred Roman Catholics from the bar (since no women priests), and other Christians (no discrimination against homosexuals). A number of us threatened to file a civil rights suit against the Court and Bar Association and they backed down.
But that was 15 years ago. I’ve been expecting the same thing to pop up again in another guise.
I have to ask the question: why is there a bar in the first place? Is it not just another way to restrict membership and drive up wages, just like unions and all forms of licensing? And for those of you who think the law is special and must not be left to the caprices of the market, do closed shops generally produce the most vital and impressive labor markets? Here’s a better question: did we ever leave the Dark Ages?