Gay Couple Sues Univ. For Rejecting Campus Housing Application

By Diane Smith
17:02, March 11th 2008
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Gay Couple Sues Univ. For Rejecting Campus Housing Application

A gay couple has filed a suit against the University of Hawaii alleging the institution has violated their civil rights by rejecting their application to return to the student family housing on campus.

Joseph O’Leary, who is preparing for a degree in history, and Phi Nago, his same-sex partner for five years, said Monday that they lived in the family housing during the 2006-2007 school year. They reapplied for the 2007-2008 school year, but the school did not allow them to return.

“I can only tell you what it felt like. I'm still confused to a point as to why the University did what they did. I don't have a reason for it,” said Joseph O'Leary.

In a letter dated May 30, 2007, the interim director of the University Housing Services said that the University does not recognize same sex marriages.

In the lawsuit filed against the University, the couple stated that living in an off-campus apartment implies more money spent on rent, food and transportation. The additional expenses amount to several thousand dollars per year, O’Leary said.

Their case is being supported by gay civil rights group Lambda Legal, which noted that the University grants benefits for professors in same-sex relationships, the USA Today reports. The lawsuit was filed in a Honolulu court by Lambda Legal.

“Joe and Phi are a family. The University had no problem with Joe and Phi living in family housing last year. It makes no sense for the University to suddenly decide to discriminate against them just because they are gay,” said Brian Chase, senior attorney of Lambda Legal.  

Chase also noted that University employees benefit from preferential treatment, when it comes to same-sex couples.

“If you're a professor at the University of Hawaii you can put your same sex partner on your health insurance. If you're a professor at the University of Hawaii you can put your same sex partner on your gym membership to the university gyms. If you're a professor the University will pay for your same sex partner's moving expenses. So why are they treating students differently? Its arbitrary discrimination,” said Chase.



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