Law and Liberty
Again, I am not impressed by the arguments of the book -- if one needs to read into the First Amendment a protection of "association" and "community" in order to get the Constitution to be aligned to a liberty or right that is fundamental and which exists prior to the Constitution, then we have a problem, not just with how the Constitution is read but with the system claiming to be based upon it.
From Paul Horwitz's review:
There is no textual federal constitutional right to freedom of association. Like the right to privacy, it is a creature of judicial doctrine—and often an ill-fitting one at that. One major hurdle involves the dualistic architecture that guides the courts. On one side stands the individual, “abstracted from his social context in associations and institutions, the communities of belief and action in which he is actually found.” On the other stands the state: “monolithic in power and reach, absolute in sovereignty.” That does not mean social activities are unprotected. But the measure of their rights largely involves individual claims on one side and asserted state interests on the other. The conceptual space between them remains mostly empty, despite all the meaning-making activity that we know occurs there.
At least Sheahan admits this:
To fulfill that function, associations need the freedom to insist on their own central tenets and to form their own rules of inclusion and exclusion (at least as long as there is a right of exit). They should not be forced to follow what political theorist Nancy Rosenblum calls “the logic of congruence,” under which “the internal life and organization of associations [must] mirror liberal democratic principles and practices.”
Whether he would admit communities may choose to exclude and include according to "illiberal" principles, I do not know. It is unlikely that he would support communities to exclude not only from their meetings or buildings, but also from their territory. I assume that Sheahan still concedes sovereignty resides in the states, because who has not been indoctrinated to do so? But I don't plan on getting the book. But Horwitz does reveal:
And although much of the book is aimed at undoing the decision in Martinez, Sheahan would draw the line at racially exclusive associations, while allowing student clubs to exclude on the basis of gender or sexual orientation. There are reasonable arguments that race is different and historically unique. But they are hard to sustain. And it is harder still to argue that judges are qualified to say that government has a compelling interest in combating racial discrimination within universities, but not gender or sexual orientation discrimination.
So Sheahan has to maintain respectability or is a true believer in (forced) integration.