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A property owner in Hoboken refuses to sell her home to a same-sex couple, stating her religious beliefs as the reason. Under the New Jersey Law Against Discrimination, which protected class is most directly at issue?

Correct Answer

D) Sexual orientation, which is expressly protected under the NJ LAD

The New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) explicitly includes sexual orientation as a protected class in housing transactions. Refusing to sell to a same-sex couple because of their sexual orientation constitutes unlawful discrimination under the NJ LAD. This protection is broader than the federal Fair Housing Act, which does not expressly include sexual orientation (though HUD has interpreted sex discrimination to include it).

Answer Options
A
Domestic partnership status, because same-sex couples must register as domestic partners
B
Religion, because the seller is imposing her religious views on buyers
C
Marital status, because the couple may not be legally married
D
Sexual orientation, which is expressly protected under the NJ LAD

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Related Topics & Key Terms

Key Terms:

law_against_discriminationsexual_orientationprotected_classesenforcementstate_vs_federal

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