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DEFENDING
FAIR HOUSING PROTECTIONS
Thomas v. Anchorage Equal Rights Commission
165 F.3d 692 (9th Cir. 1999) (modified, 220 F.3d 1134
(9th Cir. 2000))
In 1999, a divided panel of the U.S. Court of
Appeals for the Ninth Circuit struck down Anchorage and Alaska
fair housing laws that prohibit discrimination on the basis
of marital status, including discrimination against unmarried
couples. The landlords who brought the challenge argue that
the laws infringe their religious liberty. The panel agreed
and bolstered the religious liberty claim by ruling that the
landlords also have a "colorable" claim under the
Taking Clause.
CRC assisted Anchorage in preparing a petition
for rehearing by the full court. The court granted rehearing,
and on August 4, 2000, the full court rejected the landlords
challenge on procedural grounds. CRC submitted an amicus brief
to the en banc court demonstrating that the fair housing laws
do not implicate the Takings Clause.
more
about the case, including links to the text of the opinion
and CRC commentary
Thomas
v. Anchorage Equal Rights Commission (9th Circuit)
Issues:
Takings and fair housing laws; State compensation
requirement
CRC’s
Amicus Brief in Support of Petition
for Rehearing En Banc
Background
info on CRC’s Amicus Brief in Support of Petition for
Rehearing En Banc
Subsequent opinion
at Thomas
v. Anchorage Equal Rights Comm’n, 220 F.3d 1134 (9th
Cir. 2000).
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