Legal Opinion
Smith v. Fair Employment & Housing Commission
California Supreme Court
Decided April 9, 1996No. S040653PublishedCited by 57 opinions
1Opinion of the Court
Opinion
WERDEGAR, J.
The California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) declares it to be “unlawful [<JD . . . [f]or the owner of any housing accommodation to discriminate against any person because of the . . . marital status ... of that person” (id., § 12955, subd. (a)). The Fair Employment and Housing Commission (commission) ruled that a landlord violated the statute by refusing to rent an apartment to an unmarried couple. The Court of Appeal reversed, believing the state may not constitutionally apply FEHA to a landlord whose religious beliefs make it sinful…
2Cases cited63 opinions
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Sherbert v. VernerSupreme Court of the United States · 1963
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
58 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- People v. HoltCalifornia Supreme Court · 1997
- Naoko Ohno v. Yuko YasumaCourt of Appeals for the Ninth Circuit · 2013
- Catholic Charities of Sacramento, Inc. v. Superior CourtCalifornia Supreme Court · 2004
- Koebke v. Bernardo Heights Country ClubCalifornia Supreme Court · 2005
- Catholic Charities of the Diocese v. SerioNew York Court of Appeals · 2006
52 more not listed; retrieve them via the Exa API.