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High Court Ruling Enhances Potential GLBT Real Estate Benefits

DENVER, Colorado --June 5, 2008 -- A landmark decision handed down on May 15th by the California Supreme Court gives same-sex couples a constitutional right to marry, and by doing so it also helps to roll back and eliminate longstanding practices of discrimination against GLBT couples regarding real estate ownership.

Federal Fair Housing Law in the USA is extensive, powerful, and vital to guarding and upholding our civil rights. The Architectural Barriers Act, the Americans with Disabilities Act, the Age Discrimination Act, and half a dozen Presidential Executive Orders all provide various kinds of protections and legal rights that fall under the broad category of Fair Housing Law.

Title VIII of the Civil Rights Act of 1968 -- the Fair Housing Act -- for instance, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, disability, and familial status. The familial coverage is extended and interpreted to include children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18.

But conspicuously absent is specific protection of the rights of GLBT couples as it relates to sexual orientation. None of the important pieces of civil rights-related Fair Housing legislation cover that aspect of the law.

That is, of course, unless you are in the dominant default demographic of those with a heterosexual orientation. In that case you can get a marriage license anywhere in the country to automatically enjoy special protections, tax breaks, and ownership rights related to real estate.

Countless GLBT couples have been subjected to both overt and covert discrimination when it comes to the practice of real estate and the business of mortgage lending.

· Some have been told they cannot rent together.

· Others have been told that they cannot both put their names on a homeowner’s insurance policy.

· GLBT couples have been taxed at a much higher rate than married couples, for example, who almost always receive preferential treatment when filing for taxes.

· That is especially true when it pertains to the tax advantages of real estate such as capital gains tax breaks.

California Governor Arnold Schwarzenegger said in a statement to the press that he respected the new ruling legalizing same-sex marriage and did not support a constitutional amendment to overturn it. So it is predicted that the ruling will indeed stand -- and it should have a powerful proactive influence upon similar future judicial cases across the USA.

Other state high courts in New York, New Jersey and Washington ruled on same-sex marriage in recent years and their decisions were narrowly divided. That means that these states will likely be the first to reconsider the issue in the wake of the groundbreaking California change. The Connecticut Supreme Court is also expected to weigh in on same-sex marriage, perhaps before the end of the year.

The legal premise for the California decision was based in part on a court case that was settled 60 years ago and determined that interracial marriage should be legalized. Back then California again made history because it was the first state in the USA to legalize interracial marriage.

For more information, visit: http://www.GayRealEstate.com or http://www.GayMortgageLoans.com

Jeff Hammerberg, Founder & CEO
Denver, CO
Toll-Free: 1-888-420-MOVE(6683)


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