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Gold Hill landlord who refused same-sex couple violated federal, state law, judge says

The ruling sides with Aurora residents and their children

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Tonya and Rachel Smith play with their son, Isaac
Jeremy Papasso, Daily Camera
Tonya Smith, left, and her wife, Rachel Smith, play with their son, Isaac, then 2, at their Aurora home in January 2016.

A federal judge in Denver on Wednesday ruled that a Gold Hill property owner violated both the Federal Housing Act and the Colorado Anti-Discrimination Act by refusing to rent her property to a same-sex couple — one of whom is transgender — and their children, due to concerns about their “unique relationship.”

That ruling on an unopposed motion for partial summary judgment came in the case of Aurora residents Rachel and Tanya Smith, and their two minor children, versus Deepika Avanti, of Boulder, and was issued by U.S. District Judge Raymond P. Moore.

“We’re incredibly pleased with this ruling. I think of this as a groundbreaking and historic ruling,” said the couple’s New York-based attorney, Omar Gonzalez-Pagan, a staff attorney for Lambda Legal. “For the first time, a federal court has ruled that the Fair Housing Act’s sex discrimination prohibitions apply to discrimination based on stereotypes about sexual orientation and gender identity.”

Wednesday’s ruling does not establish what damages might be paid as a result of the decision.

Read the full story at .

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