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This section contains the nature of the case and procedural background.

Smith (D) owned four rental units and preferred to rent only to married couples as her religious beliefs told her it was a sin to permit people to engage in sex outside of marriage. D believes that if she permits people to engage in sex outside of marriage on her property, she will be prevented from meeting her deceased husband in the hereafter. Gail Randall and Kenneth Phillips responded to an ad that D placed in the local paper for a vacancy in one of her units. D told them on the phone that she would not rent to unmarried couples. They visited the unit and lied to D about their marital status. After they signed a lease agreement and paid the deposit, D called them and said they were not married. D then sent them a check and Gail and Kenneth filed complaints against D with the Fair Employment and Housing Commission (P). Under FEHA it was unlawful to discriminate against a person because of marital status. D contends that the ban does not include unmarried cohabitating couples. P found D in violation of the act and D appealed.

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