Salter v. New York State Psychological Ass’n, 14 N.Y.2d 103 (1964)
Courts will generally not interfere with a private association’s membership decisions unless membership is an economic necessity for practicing a profession.
Summary
Andrew Salter, a certified psychologist, sought a court order compelling the New York State Psychological Association (NYSPA) to admit him as a member. NYSPA, a private organization, required at least two years of graduate work in psychology, which Salter lacked. Salter argued that NYSPA was effectively a state entity with monopoly power over the profession, making his exclusion a violation of equal protection and due process. The court held that NYSPA was a private entity, its membership requirements were reasonable, and membership was not an economic necessity for Salter’s practice; therefore, the court would not compel his admission.
Facts
Andrew Salter was a practicing psychologist certified by New York State. The New York State Psychological Association (NYSPA) is the most important association of psychologists in the state. NYSPA’s bylaws required applicants to have completed at least two years of graduate work in psychology, or equivalent experience. Salter did not meet these requirements, possessing only a Bachelor of Science degree and no postgraduate work. Salter received a circular from NYSPA soliciting applications, which he considered an invitation to join, but his application was ultimately denied.
Procedural History
Salter petitioned the court to order NYSPA to admit him. Special Term dismissed the petition, finding that the circular was merely an invitation to apply, not an election to membership. The Appellate Division affirmed without opinion. Salter then appealed to the New York Court of Appeals.
Issue(s)
Whether a private professional association’s membership requirements violate equal protection and due process clauses when the association is not a state entity, its requirements are reasonable, and membership is not an economic necessity to practice the profession.
Holding
No, because the association is a private entity, its membership requirements are less rigorous than the state’s own requirements for new psychologists, and membership is not an economic necessity to practice as a psychologist. The Court of Appeals affirmed the lower court’s dismissal of Salter’s petition.
Court’s Reasoning
The Court of Appeals rejected Salter’s arguments that NYSPA was effectively a state entity or held monopoly power. The court reasoned that NYSPA was a private corporation governed by its own bylaws, which were less rigorous than state requirements for new psychologists seeking certification. The court highlighted that the state’s certification law does not prohibit uncertified individuals from rendering psychological services, but only restricts their use of the title “psychologist.” The court distinguished this case from cases like Falcone v. Middlesex County Medical Society, where exclusion from a medical society effectively prevented a doctor from practicing due to hospital access requirements. Here, Salter did not demonstrate that NYSPA membership was an “economic necessity” for his practice. The Court stated, “Courts, it seems, interfere in such matters only when there is a showing of ‘economic necessity’ for membership.” The court emphasized that cooperation between NYSPA and the state’s advisory council did not transform the association into a state agency. The court concluded that excluding someone from a selective group might diminish prestige, but it’s not the court’s role to review such selections absent proof of restricted professional activities due to non-membership. Therefore, NYSPA’s decision to deny Salter’s application was within its rights as a private organization.