Constitutional law - free exercise of religion - Alaska Supreme Court holds that housing anti-discrimination laws protecting unmarried couples withstand a free exercise challenge by a religious landlord
Article Abstract:
The Alaska Supreme Court in Swanner v. Anchorage Equal Rights Commission too easily found a compelling state interest in eradicating marital status discrimination in housing sufficient to outweigh a landlord's right to free exercise of religion in refusing to rent to unmarried couples. The court overlooked existing state law that discriminates on the basis of marital status in other areas. The court could have reached the same result by drawing on the unmarried couple's right to privacy, a position which would have more adequately fulfilled the compelling interest requirement.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Constitutional law - article III justiciability - Ninth Circuit holds that landlords may not assert pre-enforcement free exercise challenge to antidiscrimination statutes
Article Abstract:
The author discusses the US Court of Appeals for the 9th Circuit's decision in Thomas v. Anchorage Equal Rights Commission, in which the court denied declaratory and injunctive relief to landlords openly challenging laws requiring them to rent to unmarried couples in violation of their religious beliefs.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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Antidiscrimination and accommodation
Article Abstract:
The effects of accommodation requirements and prohibitions of intentional discrimination on employers are compared.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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