Christian Realtor’s Free Speech Rights Upheld in Virginia

We defended a Christian realtor and his real estate firm regarding a complaint filed against them with the Virginia Fair Housing Board due to their use of Christian content on their website. We are glad to report that their right to continue to include Christian content on their website has been upheld.

The fair housing complaint alleged that our clients engaged in a discriminatory housing practice under Virginia law because the real estate firm’s website stated that it was “a Christ-centered Real Estate Brokerage” that is operated “in accordance with Biblical principles.” Although the firm’s advertisements include disclaimers stating that the firm and its agents do not discriminate on the basis of race, religion, or other prohibited bases, the complaint alleged that the Christian content on the website indicated an illegal preference based on religion in violation of the Virginia Fair Housing Law. Virginia law (like federal 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 filed an answer to the complaint that 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 that a wide range of non-discriminatory religious expression becomes prohibited. A proper application of these statutes ensures equal access to housing for members of all religious faiths without infringing upon the right to express one’s religious beliefs in a non-discriminatory manner. . . . [Our clients’] self-identifying religious expression, akin to a realtor wearing a yarmulke or a cross necklace in a picture on a business card, is entirely different from a statement of preference or discrimination.”

After our answer was filed, we discussed the complaint with Fair Housing investigators on several occasions, as well as discussions with the Virginia Attorney General’s Office. We are pleased to announce that our clients have been allowed to maintain all of the Christian content that gave rise to the complaint on their website.

This is the latest of several instances in which the ACLJ has assisted realtors or real estate appraisers who have faced discrimination complaints due to Christian content on their websites or in their advertisements, and we will continue to defend the right of professionals across the country to use similar Christian content in their advertising.