(A) A judge shall not hold membership in any organization that practices invidious discriminatory conduct against any person who is protected by law from discrimination.

(B) A judge shall not use the benefits or facilities of an organization if the judge knows or should know that the organization practices invidious discrimination. A judge’s attendance at an event in a facility of an organization that the judge is not permitted to join is not a violation of this Rule 2-3.6 when the judge’s attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization’s practices.

[1] A reasonable person standard should be used to determine whether a judge’s membership in the organization creates the perception that the judge’s impartiality, integrity or independence is impaired.

[2] Whether an organization practices invidious discrimination is a complex question to which judges should be attentive. The answer cannot be determined from a mere examination of an organization’s current membership rolls, but rather, depends upon how the organization selects members, as well as other relevant factors, such as whether the organization is dedicated to the preservation of religious, ethnic, or cultural values of legitimate common interest to its members, or whether it is an intimate, purely private organization whose membership limitations could not constitutionally be prohibited.

[3] When a judge learns that an organization to which the judge belongs engages in invidious discrimination against any person who is protected by law from discrimination, the judge must resign from the organization unless the organization corrects its practice within six months.

[4] A judge’s membership in a religious organization as a lawful exercise of the freedom of religion is not a violation of this Rule 2-3.6.

[5] This Rule 2-3.6 does not apply to national or state military service.