Landlord sues civil rights commission in flap over religion, rental property

By The Associated Press

06.03.02

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AKRON, Ohio — A landlord sued the Ohio Civil Rights Commission, claiming it violated his religious freedom by ruling that he had discriminated against an unmarried couple.

David Grey refused to rent one of his Akron houses last fall to Danielle Levingston and her fiancé, Todd Roberts, a couple raising four children, because they were not married.

Vincent Curry, executive director of the Fair Housing Advocates Association of Akron, said Grey lectured Levingston on his beliefs, telling her: His actions were based on love and the Scriptures; she would not inherit the kingdom of God; God's word gave him wisdom; and one of God's commandments was not to live in impurity.

The couple filed a complaint with the Civil Rights Commission and the Fair Housing association. The commission issued a probable cause ruling last February saying Grey had discriminated against the couple.

Last week, Grey filed a lawsuit in Summit County Common Pleas Court, claiming the commission's decision was a violation of his First Amendment right to freely practice his religion.

"The Ohio Civil Rights Commission is taking away my constitutional right to freely exercise my religion. They are imposing their will on me against my religious convictions by stating that I must rent to unmarried couples living in immorality," Grey said in a statement.

Curry dismissed Grey's claims of religious freedom. If upheld, he said, it could set a precedent that could allow landlords to cite their religious beliefs to deny people housing.

"We all have different religious beliefs, but when you're in the business of providing housing, your choice of who gets the residence shouldn't be based on your beliefs," Curry said.

Grey's attorney, David Langdon, disagreed, saying that unlike other states, Ohio did not have laws protecting unmarried couples.

"I think it's an unbelievable finding by the commission in which they have violated his First Amendment rights," Langdon said. "What they're trying to do with this decision is turn Ohio civil rights on their head."

Grey has asked the Civil Rights Commission to reconsider, but less than 1% of decisions are reversed, said commission spokeswoman Connie Higgins. Board members could not comment on the lawsuit, she said.

Langdon described Grey as a profoundly devoted Christian, adding that his client believes that, "When one engages in sex outside the marriage, they are sinning, and if he rents to those people, in reality, he would be facilitating the sin."

Levingston said religion had nothing to do with her ability to pay rent. "The way I look at it, he's entitled to his religion, and I'm entitled to mine."

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