Brief Fact Summary. Housemates declined to rent to another person because of her sexual orientation.
Synopsis of Rule of Law. A city ordinance, which bans discrimination in housing based on sexual orientation is valid and applies when a person is denied housing based on her sexual orientation.
To make a prima facie case for summary judgment, a moving defendant must show a defense which would defeat the plaintiff.View Full Point of Law
Issue. Can a person be denied housing based on sexual orientation?
The relevant code prohibits any person having right of rental to refuse to rent to any person because of the person’s sexual orientation. The two housemates admit the only reason they withdrew their offer was because of Plaintiff’s sexual orientation.
The code applies to renting housing for profit, as is the case here, so cases that deal with the right to privacy in the home or family or the right to engage in First Amendment activity free of unwarranted governmental intrusion do not apply. The housemates relinquished their right to any such constitutional protection when they rented for profit.
Discussion. Like discrimination based on race, marital status, and children, discrimination based on sex will not be protected by the courts, at least when it comes to real estate transactions.