Posted on: Tuesday, March 9, 2004

EDITORIAL
Take 'gay loophole' out of housing law

Let's not pretend landlords don't discriminate. Of course they do. Most prefer non-smokers who don't own pets and have a steady income. And those are reasonable demands to make.

However, it's not OK for landlords to discriminate on the basis of race, gender, color, religion, marital status, ancestry, disability, age and HIV status.

Did we forget anyone? We sure did.

Which is why we support a bill moving through the Legislature that would make it illegal for real estate agents or landlords to discriminate against potential home buyers or renters based on sexual orientation, defined as those having a preference for heterosexuality, homosexuality, bisexuality or a combination of the above.

We have a tight housing market in the Islands, and any kind of discrimination can bring great hardship to those who don't conform to mainstream standards.

Moreover, complaints based on sexual orientation discrimination cannot be pursued with the Civil Rights Commission because they are not protected under the law.

Including gays in the protected class would change that, except in the case of religious schools. The latest draft of the bill includes a clause that exempts housing provided by religious schools. And we can see why such institutions would object to any practice that conflicts with their doctrine. However, the courts don't necessarily sanction exemptions for secular services that religious organizations provide.

For example, the California Supreme Court last week found that Catholic Charities in California must include contraception in its health care plan for workers even though the church is morally opposed to it.

The court reasoned that the charity is not a religious employer because it offers secular services such as counseling, low-income housing and immigration services without preaching about the Catholic faith.

In light of all these and other factors, it is our contention that gays and lesbians should not have to be closeted, and that same-sex couples should not have to pretend to be "roommates," to find a place to live. They have no less right to life, liberty and the pursuit of happiness than everyone else.