This material is for discussion purposes only and has not been approved by
the Housing Committee, Federal Committee, Executive Committee or the Board of
Issue: Should C.A.R., in conjunction with NAR, “OPPOSE”
discrimination based on sexual orientation for equal housing opportunity?
Options: 1. Oppose discrimination based on sexual
orientation for equal housing opportunity.
2. Oppose the inclusion of sexual orientation as a protected category for equal
3. Take a “Watch” position
4. Take no action
Nationally, equal opportunity is protected on the basis of race, color,
religion, gender, disability, family status and national origin. Twenty states
(including California) and numerous local laws across the country prohibit
discrimination on the basis of sexual orientation. In other states there are no
such laws and it is not illegal to discriminate in the provision of housing and
real estate services based on sexual orientation.
Status/Outlook: HUD has announced its intention to issue
rules prohibiting discrimination based on sexual orientation in federally
funded housing. No legislation is currently being considered at the federal
Supporters of this believe that discrimination based on an individual’s sexual
orientation is not only wrong, but rises to the level of other protected
classes, such as race, gender and religion. In addition, since fair housing
practices are already the norm and California’s Unruh law outlaws
discrimination based on sexual orientation, adding sexual orientation to the
list of protections would require little change in business practices.
Opposition Opponents may feel this is a state’s rights
issue and is better left to be handled at the state level and not by the Feds.
Other opponents may have a personal bias towards homosexuals or simply believe
it is a lifestyle choice and therefore should not be a protected class.
C.A.R. Policy: C.A.R. did not take a position on this
issue when California’s Unruh (Civil Rights Act) law was amended to include
sexual orientation as a protected class.
NAR Policy: At NAR San Diego Business Meetings, the NAR
“That existing NAR policy on equal housing opportunity be amended to include
opposition to discrimination based on sexual orientation.”
Should C.A.R., in conjunction with NAR, “OPPOSE” discrimination based
on sexual orientation for equal housing opportunity?