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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Manal Farhan v. 2715 NMA LLC (2025)

Citation
Manal Farhan v. 2715 NMA LLC (2025)
Parent Document
Manal Farhan v. 2715 NMA LLC (2025)
Effective Date
2025-12-04

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nia, Hastings Coll. of the L. v. Martinez, 561 U.S. 661 (2010) for the suggestion
that viewpoint or political expression may be the basis of a discrimination
claim if the viewpoint or conduct is “closely correlated” to identity. Post
at 24. But that case involved a First Amendment challenge to a law school’s
nondiscrimination policy requiring Christian student groups to admit ho-
mosexual members—a context in which viewpoint discrimination is ac-
tionable. See Christian Legal Society, 561 U.S. at 668–69. In applying rational
basis review to the policy, the Court noted only in dicta that “[o]ur deci-
sions have declined to distinguish between status and conduct in th[e]
context” of bans on homosexual conduct. Id. at 685 (citing Lawrence v.
Texas, 539 U.S. 558, 575 (2003)). We do not read Christian Legal Society to
shed much light on FHA discrimination claims.
No. 24-1532                                                  13