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LAHMANN v. GRAND AERIE OF FRATERNAL ORDER

99C-17528; A122320.

121 P.3d 671 (2005)

202 Or. App. 123

Genevieve G. LAHMANN and Roger A. Stolley, Plaintiffs, and Elaine Shimer, Respondent, v. GRAND AERIE OF FRATERNAL ORDER OF EAGLES, Fraternal Order Of Eagles, Oregon State Aerie and Fraternal Order of Eagles, Willamette Aerie No. 2081, Appellants.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellants. With him on the briefs was Stoel Rives LLP.

Dana L. Sullivan argued the cause for respondent. With her on the brief was McKanna Bishop Joffe & Sullivan, LLP.

Before WOLLHEIM, Presiding Judge, and EDMONDS and SCHUMAN, Judges.

SCHUMAN, J.

This case requires us to decide whether the Fraternal Order of Eagles' policy of barring women from membership in its "aeries" violates the Public Accommodations Act, former ORS 30.670 to 30.685 (1999),1 and if so, whether enforcement of the act so as to compel the organization to consider applications from women would be unconstitutional. The case is before us for the second...

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