We’re not sure how many of you kids live in apartments, but finding a good roommate can be a real pain in the ass. We’re talking more painful than the worst case of anal warts – wait, do those hurt? We don’t really know. We assume they do. They certainly sound painful. But, we digress…
So, finding a chill roommate totally sucks – there are so many levels of compatibility, especially when you’re gay. You don’t want to be living with some KKK fool. That’d definitely put a damper on things. In fact, some of you may be more comfortable living with a big ‘mo. If that’s the case, you’ll probably list that in your wanted ad: a seemingly innocuous request that’s sparked a very interesting lawsuit in California.
The Fair Housing Council’s of the San Fernando Valley and San Diego has filed a lawsuit against Roommates.com, alleging that sexuality-related stipulations in ads are discriminatory. Edge Boston reports:
The suit alleges that advertising such preferences is, in fact, discriminatory and violates longstanding and sacrosanct federal Fair Housing statutes. The Fair Housing Council’s of the San Fernando Valley and San Diego against Roommates.com filed the suit. Although it has yet to be decided, both housing groups have been looking at Craig’s List ads as well.
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According to the Ninth Circuit lawsuit, if a straight woman were to advertise that she is seeking a gay male roommate, it could be seen as potentially discriminatory towards applicants who aren’t gay males.
Certainly this deserves some serious attention.
Gay people face any number of discriminatory policies and attitudes – not least of all the great gay marriage debate – but does that mean they have the right to discriminate against others? Well, certainly not – no one has the right to discriminate, but that doesn’t mean it happens. But is it legal? Yes and no.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
As homo-journo Cody Lyon writes in his piece, you have the right to choose your roommate, but it’s technically illegal to overtly oppose certain groups:
The 1968 Fair Housing Act has a provision called the “Mrs. Murphy” rule that allows owners who rent fewer than three units in homes they occupy some leeway in who they rent to. There are different rules for apartments verses roommates. And advertising throws an entire page of other glitches into the mix.
“If you live in your house where you have an apartment, you can pick and choose who you want in your apartment’ according to Betsy Herzog, director of public information at the New York City Commission on Human Rights. But once advertising is utilized, the rules change. “If I advertise that apartment, and I say that I don’t want a black, a Jew or a gay guy, that would be discrimination,” she noted.
So, the Fair Housing Council has a just case. The problem, however, lies in the fact that they’re looking to prosecute the website, not the posters: a hard case to be sure.
You see, back when the internet was a much smaller, far simpler place, officials passed the Communications Decency Act of 1996, an act which says websites, internet companies and the such cannot be held accountable for possible defamatory or discriminatory postings left by users. Thus, roommates.com can’t technically be found liable for the “gay only” adverts.
As Lyon points out, newspapers cannot legally post discriminatory requests. They can, however, post them on their websites. Ah, the hazy world of technologically-minded laws…
So, it seems the case will probably die a slow death. It does, however, raise questions of whether or not it’s right to seek out a socially-specific roommate. It seems to us that, no, it’s not right. On the other hand, however, you have to live with someone and, thus, want someone who can hang with your homosexuality – or whatever else it is you do. So, it’s not legally or morally right, but it’s an ugly necessity.
Those, of course, are just our thoughts. What say you?
jvm
I really wish that the people who took the time and energy to file this lawsuit and, subsequently, incur an insane amount of legal fees would use that time, energy, and money for something more productive. Like maybe getting Clay Aiken a better webcam or something.
louis
If it’s YOUR OWN SPACE you sould be able to dictate who you want to live with. If you have a rental property, you should not be able to say who can live there. I thought the law was that clear. Where is the protection for the home onwer?
Matty
It’s how you put your posting. You can’t discriminate but you can say: I am a gay male looking for a roommate, or I am a FagHag looking for a roommate. That keeps it simple, you can could go into detail about how you live, but really discrimination is discrimination as far as I’m concerned.
Nomen Nominum
Of course one can discriminate in choosing a roommate, on any basis whatever. You would be wasting people’s time if you had straight men show up for an interview if you had no intention of living with a straight man, as an example.
justin
just a note – the ads that discriminate based on sexuality would be legal under federal Fair Housing law – sexual orientation is not a protected class. The ads that discriminate based on sex would be OK too – as long as the unit has a shared bathroom. The website ran afoul of the law by asking questions about kids, race, etc.
David M
Ok, so gays can be denied services, jobs, housing, education, etc. What happens when a girl who’s a little bit apprehensive about living with a hetero male asks for a gay roomate? Heteros holler unfairness…
DOUBLE STANDARD MUCH?
Mike
I don’t really see the issue. If I am looking for someone to share my living space then I should have the right to make whatever restrictions I want on what type of person I’ll share that space with. Obviously people who aren’t okay with gays wouldn’t pursue the apartment after finding out you are so that shouldn’t be an issue. And if I want to live with another gay man and not anyone else – well, it’s my space so deal. Do you really want to try to force your way in where you are clearly unwelcome? No one is being discriminated against here if you think past the initial ad posting.
Ash
I think sexual orientation discrimination for roommates is a GOOD thing. I was looking at craigslist in August for a dreaded Manhattan apartment and on one ad it said that the applicants must be straight, among other stipulations. I would rather know right away that I’m not wanted because I’m gay then move in with a bunch of homophobes and later be miserable, harrassed, bashed, forced out or worse. If I ever get a damn NYC apartment that I can hold on to/afford (read: never), I will post on craigslist that my roommate(s) need(s) to be at least gay-friendly. Living with straight people really isn’t that bad so long as they don’t mind whether you munch muff or suck pole.
Michael M.
Wow, I’m amazed that so many are in favor of overt discrimination based on sexual orientation. So I guess there’s really no reason to pass those laws the gay community has been clamoring for, prohibiting discrimination on the basis of sexual orientation? After all, if you can discriminate in housing, why not in employment also? If I’m a small business owner and I don’t want any fags working for me, I shouldn’t have to hire them right? If I find out some perfectly competent employee sucks dick on his own hours, that’s perfectly justifiable grounds for dismissal, right? After all, it’s my business … what about my rights?!
People, you don’t get to pick and choose what kind of discrimination you think is okay. It’s either okay, or it isn’t. If you pine for the days of “whites only” signs, then by all means advertise for your gay-only roommates. Don’t go crying to the government or the press when you get fired or refused service because you’re gay.
Felicity Carson
As a pre-op transsexual, I am not wild about discrimination in housing. The way I see it, landlords, subleasers, and other people renting out living space they themselves do not live in, should be forbidden by law to discriminate in terms of who they rent to. But people who will end up living in the same living space (sharing a living room, kitchen, or bathroom) should be allowed to, because the chances of antagonism over differences is so prevalent. If my own living accomodations were not as secure as they currently are, I would want to advertise a potential roomate deal as being acceptable only with other transgender people or people who are willing to live and let live. Also, can you imagine what would happen if I allowed in a roomie who was a guy in the middle of a divorce, and his soon-to-be-ex-wife found out he was rooming with a transsexual woman? He would risk losing his child-visitation rights, especially if he had a real dipstick for a lawyer. Living accomodations should be shared by same-thinking or aggreeably different people, but should not be denied to anyone by anyone who doesn’t actually live in the same housing unit.