THOMAS v. ANCHORAGE EQUAL RIGHTS COM'N

Nos. S-10883, S-10733.

102 P.3d 937 (2004)

Kevin THOMAS, Joyce Baker, and Jeffrey Bubna, Appellants/Cross-Appellees, v. ANCHORAGE EQUAL RIGHTS COMMISSION; the Municipality of Anchorage; and Paula Haley in her Official Capacity as the Executive Director of the Alaska State Commission for Human Rights, Appellees/Cross-Appellants.

Supreme Court of Alaska.

December 10, 2004.


Attorney(s) appearing for the Case

Kevin G. Clarkson, Brena, Bell & Clarkson, P.C., Anchorage, for Appellants/Cross-Appellees.

Constance E. Livsey and Krista Schwarting, Holmes Weddle & Barcott, Anchorage, for Appellees Anchorage Equal Rights Commission and the Municipality of Anchorage.

Robert A. Royce, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee/Cross-Appellant Haley.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.


OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

The Alaska Statutes and the Anchorage Municipal Code both prohibit landlords from refusing to rent property to persons because of marital status.1 Ten years ago, in Swanner v. Anchorage Equal Rights Commission, we held that enforcing these provisions against an Anchorage landlord who refused to rent to unmarried couples on religious grounds did not violate...

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