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Under the Alabama Fair Housing Law, which of the following statements most accurately describes the status of sexual orientation as a protected class in Alabama?

Correct Answer

D) Sexual orientation is not an enumerated protected class under Alabama's state fair housing statute, though federal executive orders and some local ordinances may offer separate protections.

Code of Alabama §24-8-1 et seq. mirrors the federal Fair Housing Act's seven protected classes — race, color, national origin, religion, sex, familial status, and disability — and has not added sexual orientation as an additional protected class at the state level. While the U.S. Supreme Court's Bostock v. Clayton County (2020) decision interpreted 'sex' broadly in the employment context, it did not automatically amend state fair housing statutes. Some localities and federal executive orders may offer broader protections, but Alabama's state fair housing law does not enumerate sexual orientation.

Answer Options
A
Sexual orientation is a protected class in Alabama only for commercial real estate transactions, not residential housing.
B
Sexual orientation is a protected class under Code of Alabama §24-8-1 et seq. because Alabama expanded its fair housing law beyond the federal baseline.
C
Sexual orientation is a protected class in Alabama because the U.S. Supreme Court's Bostock decision automatically amended all state fair housing statutes.
D
Sexual orientation is not an enumerated protected class under Alabama's state fair housing statute, though federal executive orders and some local ordinances may offer separate protections.

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationprotected_classesstate_vs_federalbostock

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