Christian Business Challenged in VA
We are defending a Christian real estate agent and his real estate firm with regard to a complaint filed against them with the Virginia Fair Housing Board due to their use of Christian symbols in advertising. As you may recall, we successfully defended an Ohio realtor against similar discrimination charges based on her use of the Christian fish symbol last April.
The complaint claims that our clients engaged in a discriminatory housing practice under Virginia law because the real estate firms logo, which appears in numerous advertisements and on the firms website, includes the Christian fish symbol. The firms website also includes John 3:16 next to the Christian fish symbol. The website points out that the real estate agent and his wife are ordained Christian ministers and describes the firm as a local Christian business. In addition, the website notes that the firm donates money to a Christian non-profit missions organization. The firms website and print advertisements include disclaimers stating that the firm and its agents do not discriminate on the base of race, religion, or other prohibited bases.
The complaint alleges that the Christian content on the firms website indicates an illegal preference based on religion in violation of the Virginia Fair Housing Law. Virginia law makes it illegal to publish any advertisement or statement regarding the sale or rental of a dwelling that indicates a preference based on race, religion, sex, etc.
We recently filed an answer to the complaint with the Fair Housing Board. The answer stated: While the ACLJ fully supports the Virginia Fair Housing Law, the federal Fair Housing Act, and other laws that prohibit discrimination on the basis of religion, the First Amendment to the United States Constitution dictates that these laws may not be interpreted so broadly as to prohibit a wide range of non-discriminatory religious expression. A proper application of these statutes ensures ample access to housing for members of all religious faiths without infringing upon the right to express ones religious beliefs in a non-discriminatory manner.
In addition, our filing explained that there was no suggestion that the firm or its agents have turned away any potential client, buyer, seller, landlord, or tenant due to his or her religion. The answer added: There is simply no basis for deriving any discriminatory intent or meaning from the advertisements at issue here. A real estate logo alongside a Christian fish symbollike a picture of a realtor wearing a cross necklace or a yarmulkesends a descriptive message about the realtor, not about the kind of client, seller, or renter the realtor would prefer or not prefer to have. Use of the Christian fish symbol for self-identification, without more, is entirely unrelated to a demonstration of preference or discrimination.
Investigators at the Fair Housing Board are now considering whether to recommend to the Board that the complaint be dropped or pursued further. We will keep you posted as this situation develops.