"Bill Oliver" wrote in message
...
In article ,
Vox Humana wrote:

"Bill Oliver" wrote in message
...
In article ,
Vox Humana wrote:


I don't agree that in general, people don't have alternatives in
housing.
I
also don't think that the public is generally dissatisfied with the
covenants and restrictions associated with property in common interest
development.

Of course you don't. We will have to agree to disagree. I will add,
however, that we could be having the *exact* same argument, with the
*exact* same positions 50 years ago regarding race restrictions.

The difference between covenants based on race and those based on conduct
is
that race can not be changed. One can however agree not to park on the
lawn
regardless of race. I think it is demeaning to equate rules based on
conduct with discrimination based on unchangeable characteristics such as
race, gender, physical status, national origin, or sexual orientation.


Tomato tomahto. That's a distinction without a difference.

I see you've left out religion, which of course can be changed. While
the malleability of sexual orientation is still an open question to some,
one can certainly change one's sexual behavior. Should I conclude then
that
you have no problem with covenants that preclude certain religious and
sexual practices? Should I conclude that you would be OK with a covenant
that ruled out wearing a head covering or carrying a Bible? Should I
conclude that you would be OK with a covenant that excluded interracial
couples? That excluded unmarried couples living together?

This behavior thing is a red herring.


Because my list was not exhaustive, you can not logically conclude that I
support discrimination based on any unnamed criteria. It doesn't mater what
I personally think, it only matters that HOA follow the law. I am not aware
of any HOA that dictates the way its members dress or what books they read.
Unless there is a compelling reason to prohibit head coverings, I don't
think that the courts would uphold a covenant prohibiting hats or other head
coverings. Although I don't support such restrictions, the point is moot
since I believe that HOAs must follow the law. I am not aware of any HOA
that specifies acceptable sexual behaviors. Unfortunately it is legal in
most areas to discriminate on the basis of sexual orientation. Ironically,
the most likely group to discriminate would be people of faith who are
themselves exempt from many civil rights laws within the practice of their
faith.