Legal Opinion · Dissent

State Ex Rel. Cooper v. French

Supreme Court of Minnesota

Decided August 31, 1990No. C2-89-1064Published

1DissentPopovich, Chief Justice

I respectfully dissent. Precedent establishes the refusal to rent real property to an unmarried woman because she would be *12living with her fiance is a prima facie violation of the Minnesota Human Rights Act’s (MHRA) prohibition of marital status discrimination. I believe the majority misconstrues legislative history, public policy and the facts presented to reach a result contrary to this court’s interpretation of the MHRA.

I

The Minnesota Human Rights Act provides in relevant part:

It is an unfair discriminatory practice: (1) For an owner, lessee * * *(a) to refuse to sell, rent, or lease * * *…

2Cases cited42 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. Roberts v. United States JayceesSupreme Court of the United States · 1984

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