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Court rules for same-sex couple denied housing by Colo. landlord

Judge determines anti-gay discrimination amounts to sex stereotyping

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Tonya Smith, Rachel Smith, gay news, Washington Blade
Tonya Smith, Rachel Smith, gay news, Washington Blade

Tonya and Rachel Smith were denied housing in Colorado, but a judge found that violated the Fair Housing Act. (Photo courtesy of Lambda Legal)

A federal judge has ruled for a same-sex couple who alleged discrimination after a Colorado landlord refused to grant them housing, issuing relief on the basis the discrimination they faced amounted to unlawful sex stereotyping.

In a 12-page decision, U.S. District Judge Raymond Moore, an Obama appointee, ruled Wednesday the Boulder County property owner violated the Fair Housing Act and the Colorado Anti-Discrimination Act by denyingĀ housing to Rachel, who’s transgender, and Tonya Smith. The couple were married seven years ago and have two children, ages seven and three.

The couple, represented by Lambda Legal, argued the landlord, Deepika Avanti, discriminated against them for failing to conform to gender stereotypes violates the prohibition on sex discrimination in the Fair Housing Act.

“The Court agrees,” Moore ruled. “Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping.”

Moore also grants relief on the basis the landlord’s denial of housing to the couple violates a stateĀ law in Colorado prohibiting discrimination on the basis of sex, sexual orientation and familial status.

Although the couple made the case the Fair Housing Act was violated explicitly because of the transgender status of Rachel and the couple’s sexual orientation, Moore declined to accept this argument.

“The Court declines to do so for two reasons,” Moore writes. “First, the Motion as to Count I is based on sex stereotyping, and Count I’s reliance on sex stereotype as ‘discrimination based on sex’ did not include such allegations. Second, Count I also relies on discrimination based on sexual orientation and gender identity/expression, but the Motion was not based on such theories. To the extent Plaintiffs are attempting to bootstrap such other theories onto their sex stereotype theory, the Court declines to consider something not pled.”

The decision comes on the heels of the U.S. Seventh Circuit Court of Appeals ruling that determined sexual-orientation discrimination in the workplace violates the ban on sex discrimination in Title VII of the Civil Rights of 1964.

Had the district court in Colorado adopted the same idea, it would have been the first to determine the prohibition on sex discrimination under Fair Housing Act also bars discrimination in housing on the basis of sexual orientation.

Omar Gonzalez-Pagan, staff attorney for Lambda Legal and attorney for the couple, nonetheless said in a statement the decision is a “tremendous victory” for LGBT people because it found anti-LGBT discrimination stems from sex stereotyping.

ā€œFor the first time, a federal court has ruled that the Fair Housing Actā€™s sex discrimination prohibitions apply to discrimination based on stereotypes about sexual orientation and gender identity,” Gonzalez-Pagan said. “This is two federal courts two days in a row that have said that laws prohibiting sex discrimination protect LGBT people. It sends a strong message: discrimination against LGBT Americans in housing and employment is illegal and will not be tolerated.”

In 2015, Tonya and Rachel Smith sought to rent a two-bedroom home in Gold Hill, Colo., along with their children. Although Avanti expressed a willingness to rent the home to the family, that changed after she met the couple in person.

Avanti allegedly wrote to the couple in an email after meeting them and declined to offer the house to them based on the coupleā€™s ā€œuniquenessā€ and a fear it would jeopardize her standing in the community.

ā€œYour unique relationship would become the town focus, in small towns everyone talks and gossips, all of us would be the most popular subject of town, in this way I could not be a low profile,ā€ Avanti wrote.

In a statement, Tonya Smith said the couple is “delighted with this ruling” because of hardship the couple had to endure in their search for housing.

ā€œWe were so shocked and upset by Deepikaā€™s emails, that simply because of who we are she wouldnā€™t rent to us,” Tonya Smith said. “We felt it was unfair and illegal, and now a court has agreed. No one should ever have to go through what we went through, and hopefully this ruling will protect other couples like us who are trying to provide safe homes for their families.ā€

The prayer of relief sought by the couple was a determination Avanti’s actions violated both federal and state law; an order enjoining the landlord from future discrimination and requiring her to complete a fair housing training; and payment for compulsory and punitive damages as well as litigation costs.

Gonzalez-Pagan said in a statement the decision serves as evidence housing discrimination is a pervasive problem for LGBT people, but “very much underreported.”

ā€œIn many instances, LGBT people who are either overtly or subtly discriminated against in housing do not report the discrimination because of their immediate need to find housing or due to the costs of pursuing a claim,” Gonzalez-Pagan said. “Property owners who engage in this kind of discrimination must be held accountable.ā€

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nationā€™s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the worldā€™s most powerful telescope who alongside her team operating NASAā€™s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn Stateā€™s Class of 2000, Rigby graduated with a bachelorā€™s degrees in physics and astronomy. She also holds a masterā€™s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASAā€™s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.comā€™s 2022 list of 10 individuals who shaped science and to the BBCā€™s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Societyā€™s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMAā€™s website spoke about her experiences including coming out:

ā€œIā€™ve been out since 2000. My storyā€™s simple ā€” I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They werenā€™t directed at me, and they werenā€™t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. Iā€™ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,ā€ she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

ā€œOne of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up ā€” the person that made me say, ā€œI want to do THAT when I grow up.ā€ It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So Iā€™m so ā€¦ amused, I suppose, that Sally Ride was this influence on my lifeā€™s path, at a time when I was completely unaware that it was even possible to *be gay* ā€” and at the same time, she was gay, in love, and deeply closeted to keep her job.ā€

The interviewer noted that ā€œfor some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.ā€ Then asked Rigby what is your view on this?

ā€œMy experience is that absolutely I am a *better* astronomer because Iā€™m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because Iā€™m an outsider, because Iā€™ve been marginalized. And because community-building is central to LGBTQ culture,ā€ she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries ā€” one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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