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- Title
CLOSING THE DOOR ON ANTI-COHABITATION POLICIES: MARITAL STATUS PROTECTIONS FOR UNMARRIED COUPLES.
- Authors
CLEGG, CONNOR
- Abstract
In County of Dane v. Norman, the Wisconsin Supreme Court held that a landlord's refusal to rent to unrelated individuals did not constitute marital status discrimination. Relying on the conduct-status distinction, the court reasoned that the landlord's policy did not discriminate on the basis of the prospective renters' status, but rather on the basis of the renters' conduct. The conduct at issue? Living together. This Note argues that the Wisconsin Supreme Court incorrectly decided Norman in 1993. Nonetheless, Norman remains good law. This Note further argues that the Wisconsin Supreme Court must reexamine Norman in light of changes in statutory law, United States Supreme Court jurisprudence, and social mores. In the end, this Note argues that the Wisconsin Supreme Court should overturn Norman and rule that anti-cohabitation policies in housing and employment constitute marital status discrimination.
- Subjects
UNITED States; DISCRIMINATION lawsuits; LANDLORD-tenant relations; MARITAL status; LEGAL status of unmarried couples
- Publication
Wisconsin Law Review, 2020, Vol 2020, Issue 6, p1321
- ISSN
0043-650X
- Publication type
Article