State Court to Review Refusal to Rent to Couple

Revisiting a clash of religion and civil rights, the state Supreme Court agreed Thursday to decide whether property owners with religious objections can refuse to rent to unmarried couples.

Six of the seven justices, all except Marvin Baxter, granted review of an appeal by two would-be tenants and a state civil rights agency. They were appealing a lower court ruling that granted a Chico landlady a religious exemption from the state’s ban on housing discrimination based on marital status.

No hearing date has been set.

The case, which has attracted nationwide attention from conservative religious organizations, has the potential to create a broad religious exemption from California’s anti-discrimination laws.

Lawyers for the Chico tenants say the exemption recognized by the lower court would also allow exclusions of same-sex couples and could apply to any business.

In the case, Evelyn Smith, owner of two duplexes, refused in 1987 to rent to Kenneth Phillips and Gail Randall because they were unmarried.

The Fair Employment and Housing Commission fined Smith $954 for violating the state law against housing discrimination based on marital status. But the 3rd District Court of Appeal in Sacramento ruled in May that enforcement of the law against Smith violated her religious freedom.

Smith “cannot remain faithful to her religious convictions and beliefs and yet rent to unmarried couples,” Presiding Justice Robert Puglia said in the 3-0 ruling.

He also said the state violated Smith’s freedom of speech by ordering her to post a notice saying discrimination based on marital status was illegal.

Under the appeals court’s rationale, said Thomas F. Coleman, a lawyer for would-be tenant Phillips, restaurant owners with religious objections to homosexuality could refuse to serve “two people holding hands or coming in from a gay rights rally with a slogan on their T-shirt.”

“If a single woman lives alone in an apartment and gets pregnant, eviction could be right around the corner,” Coleman said.