ATTORNEY GENERAL v. DESILETS


418 Mass. 316 (1994)

636 N.E.2d 233

ATTORNEY GENERAL vs. PAUL DESILETS & another.

Supreme Judicial Court of Massachusetts, Franklin.

July 14, 1994.


Attorney(s) appearing for the Case

Judith E. Beals, Assistant Attorney General (Freda Fishman, Assistant Attorney General, with her) for the plaintiff.

Nikolas T. Nikas, of Arizona (Jay Alan Sekulow, of the District of Columbia, & David L. Taylor with him) for the defendants.

The following submitted briefs for amici curiae:

Mark A. Michelson & Cynthia T. MacLean for American Jewish Congress & others.

Nadine M. Cohen, John F. Adkins, Debra K. Mayfield, Stephanie A. Levin, Elaine M. Epstein & Robert L. Quinan, Jr., for Housing Discrimination Project, Inc., & others.

Scott Harshbarger, Attorney General, George P. Napolitano, Special Assistant Attorney General, & Elizabeth S. Hendler for Massachusetts Commission Against Discrimination.

Matthew J. Chachere, Joan P. Gibbs & Suzanne L. Shende, of New York, for Center for Constitutional Rights.

Ruth A. Bourquin, Mary L. Bonauto & Sally J. Greenberg for Gay & Lesbian Advocates & Defenders & another.

Robert Caprera for Institute in Basic Life Principles & others.

Steven T. McFarland, J. Thomas Witek, & Bradley P. Jacob, of Virginia, & Richard F. Duncan, of Nebraska, for Christian Legal Society & others.

John H. Henn, Michael A. Albert & Sarah R. Wunsch for Civil Liberties Union of Massachusetts.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY.


WILKINS, J.

This case involves the tension between a statutory mandate that a landlord not discriminate against unmarried couples in renting accommodations and a landlord's sincerely held religious belief that he should not facilitate what he regards as sinful cohabitation.

The defendants, who are brothers, own a four-unit apartment house in the Turners Falls section of the town of Montague. Paul and his wife jointly own two other apartment buildings in Turners...

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