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Federal Court: Fair Housing Act Protects LGBT People

A lesbian couple won their case after being denied housing due to their "unique relationship."

In a landmark decision, a judge ruled Wednesday that the federal law barring housing discrimination includes protections for LGBT people.

Rachel Smith, a transgender woman, and Tonya Smith are the married couple who brought the case to a federal court after being denied a rental townhouse with their children because of their relationship.

U.S. District Judge Raymond Moore in Denver ruled that the landlord's decision violated the Fair Housing Act, marking the first time the law has been applied to LGBT people.

It is illegal to refuse to rent or sell housing to anyone because of "sex, familial status or national origin" under the Federal Fair Housing Act, but it was previously unclear if LGBT people were covered, as it doesn't specifically mention gender identity or sexual orientation.

Moore's ruling, however, has made it clear that LGBT people are protected. The decision came one day after the 7th Circuit Court of Appeals ruled that the 1964 federal Civil Rights Act banned discrimination against LGBT employees in the workplace as well.

Lambda Legal

In the Colorado housing case, the Smiths were initially told that they may not be allowed to rent the property because their two children might be too noisy, but the landlords then said they wanted to keep a "low profile" and the couple's "unique relationship" might draw too much attention.

Moore wrote that the Smiths "contend that discrimination against women (like them) for failure to conform to stereotype norms concerning to or with whom a woman should be attracted, should marry, and/or should have children is discrimination on the basis of sex under the FHA."

"The Court agrees," he added. "Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping."

Lambda Legal lawyer Omar Gonzalez-Pagan represented the couple, and stressed that the judge's decision was "tremendous."

He said in a statement, “It sends a strong message: discrimination against LGBT Americans in housing and employment is illegal and will not be tolerated."

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