Court rules in favor of religious rights
The Layman Online, February 5, 1999
A 2-1 ruling by the 9th U.S. Circuit Court of Appeals has affirmed the religious freedom of two Anchorage, Alaska landlords. The Associated Press reports the court found the landlords would suffer a “substantial burden” if state and city laws against housing discrimination were enforced.
The decision in the case of Thomas vs. Anchorage Equal Rights Commission 97-35220 exempts property owners from marital discrimination laws if the owners’ religious beliefs forbid renting to unmarried couples.
The landlord’s attorney said that the court took “a strong stance in protecting religious freedom.” An attorney representing organizations that had filed supporting arguments called the ruling a step toward restoring religious rights weakened by the Supreme Court.
The majority opinion held that the law infringed not only on the owners’ free exercise of religion but on their freedom of speech and possibly their right to prevent government intrusion on their property.
Alaska’s assistant attorney general said he would ask the full appeals court to order a rehearing before an 11-judge panel.