A 2018 federal lawsuit supported by many hopeful liberals failed to deliver in January. Mary Walsh and Bev Nance – a “married” lesbian couple from St. Louis, Missouri – filed suit against a location of the retirement community known as Friendship Village. After submitting their application and deposit in 2016, they were informed that their application was denied on the basis of Friendship Village’s cohabitation policy defining marriage as a union between one man and one woman. The denial went so far as to say “as marriage is understood in the Bible.”
This sparked outrage, and the couple filed a federal lawsuit in July of 2018 alleging sex discrimination under the Fair Housing Act. Their suit alleged that they were treated badly “because of their sex” and “ association with a person of a particular sex” among other things. But U.S. District Judge Jean C. Hamilton shocked the couple when she struck down their complaint, ruling that the Fair Housing Act does not provide protection against discrimination on the basis of sexual orientation.
“Under [the] circumstances, the Court finds the claims boil down to those of discrimination based on sexual orientation rather than sex alone,” read Judge Hamilton’s decision. She referred to a 1990 precedent saying “The Eighth Circuit has squarely held that ‘Title VII does not prohibit discrimination against homosexuals.’”
Hamilton even recognized that while some courts have ruled recently in favor of protecting orientation, she was bound to follow the Eight Circuit, under whose jurisdiction she falls. Well imagine that! A judge who behaves like… a judge. Hamilton recognizes that a judge’s job is to interpret the laws on the books rather than to liberally re-interpret or completely change and create new law from the bench.
Liberals have long found it hard to convince enough Americans of their radical positions and change laws the right way through legislatures, so they often find themselves depending on liberal activist judges to radically change or issue new law from the bench!
Long have we fought against this judicial supremacy, as Phyllis Schlafly did. We are thankful for the good sense and jurisprudence of District Judge Jean Hamilton in knowing and abiding by her constitutional role in the judiciary.