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Federal Judge Rules That Housing Law Does Not Cover LGBT Discrimination

A federal judge in Missouri dismissed a lawsuit brought by a lesbian couple on Wednesday who were turned away by a retirement home, finding that the Fair Housing Act does not protect against discrimination based on sexual orientation.

“The Eighth Circuit has squarely held that “Title VII does not prohibit discrimination against homosexuals,” U.S. District Judge Jean Hamilton wrote in a 10-page order

“The court recognizes that several federal courts have held otherwise in recent opinions, concluding that discrimination on the basis of sexual orientation is a form of sex discrimination,” the judge continued. “This court is bound by the law of the Eighth Circuit, however. … To date the Eighth Circuit has not changed its position on the issue, and so the court must dismiss.”

In their lawsuit, Walsh and Nance claimed they were discriminated against because of their sex, their association with a person of a particular sex, and on the basis of their nonconformity with sex stereotypes.

While the FHA prohibits discrimination on the basis of “race, color, religion, sex, familial status, or national origin,” Judge Hamilton found it does not prohibit discrimination on the basis of sexual orientation.

Hamilton is a Federal Judge appointee of President George H. W. Bush

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Will Kohler

Will Kohler is one of America's well known LGBT historians, He is also a a accredited journalist and the owner of Back2Stonewall.com. A longtime gay activist Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as BBC News, CNN, MSNBC, The Washington Post, The Daily Wall Street Journal, Hollywood Reporter, and Raw Story, Mr. Kohler is available for comment, interviews and lectures on LGBT History. Contact: Will@Back2Stonewall.com

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1 thought on “Federal Judge Rules That Housing Law Does Not Cover LGBT Discrimination”

  1. This is a Woman on the federal bench with a staff of “ALL” women. Hmmm…I see some sex discrimination there! The great state of Missouri is so enlightened that in one city 4 women may not rent an apartment together. It is also on the books that oral sex is illegal and Minors cannot buy a cap pistol but they “CAN” buy a shotgun. I can only imagine how they have ruled there on title 9 cases! Wait, did they ratify the 13th amendment yet? I am sure Judge Hamilton is considered a legal scholar and brain trust in Missouri. Just cause he Brother Uncle was a big contributor to HW’s campaign should not lessen our regard for her at the bar.

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