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.

Unmarried couples

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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.

Landlords, Case Note, Judgments, Declaratory, Declaratory judgments

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Antidiscrimination and accommodation

Article Abstract:

The effects of accommodation requirements and prohibitions of intentional discrimination on employers are compared.

Laws, regulations and rules, Employer liability, Employment discrimination

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