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I was raised in the LDS (Mormon) church and am an official member. I am currently attending college and rooming in an apartment complex owned by said church. To make a long story short, I am now seriously considering formally resigning from the church and am worried about how this will affect my living situation. One practically has to be a church member for an application to reside in this complex to be considered: 98% of the tenants are members. If being a non-member is hard enough, I can't imagine how it would be for a former member (culturally referred to as an apostate, with the term practically being a curse word in Mormon theology).

It's no secret that organizations cannot discriminate against individuals on religious basis. But when the time to renew my contract arrives, and I'm denied, or they terminate my residency immediately, do I have legal recourse? Also, I live in Michigan, with a state-level reinforcement of the Religious Freedom Restoration Act. Is enforcing religious neutrality in a housing complex owned by a church a 'compelling governmental interest'?

I'm also generally unaware of the LDS church's handling of legal affairs or how they'd react to this situation. Any research I've attempted to do has lead me to extremely biased sites. Any solid information is appreciated, as I may just be worried over nothing.

I also have the option to just fly under the radar and remain 'inactive' (but still on the records) until my economic situation changes and I can move out. However, I really don't want to feel like my hand is being forced.

Amendment: Apparently students at BYU (one of the church's largest universities) are expelled if they apostatize. How is this even legal?

feetwet
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The Militant Hobo
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2 Answers2

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What that church is doing is legal. There is a statutory exception in the Fair Housing Act for religious and non-profit organizations.

42 U.S. Code ยง 3607 - Religious organization or private club exemption

Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

Community
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feetwet
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Generally, an individual cannot be discriminated against on the basis of religion. However, churches have a large number of exemptions to this for some quite sensible reasons: for example, it is inconsistent with the objectives of the Catholic Church for their Cardinals to be atheists.

It is not clear that these exemptions would apply but you can bet that the lawyers for the LDS would make great efforts to convince a court that they do.

Notwithstanding, they could probably evict you without triggering discrimination - in your position you would need to scrupulously comply with every provision of your lease and the rules. If you step out of line, you're gone and there is no question of discrimination.

Remember, you have to prove on the balance of probabilities that they got rid of you for a prohibited reason. The legal system costs money and the LDS have more of that than you do. Everyone is equal before the law in the same way that everyone is equal on the sporting field - if you are good at the law or sports respectively or can afford to employ people who are you will win far more often then those that aren't.

Oh, and please don't complain that this isn't fair. Life isn't fair; get used to it.

Dale M
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