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Closing the Sexual Orientation Loophole - NAR Board Approves Proposal to Amend Article Ten of the Code of Ethics

By
Real Estate Broker/Owner with Madeline Island Realty 50317-90

History was made at last week's National Association of Realtors Midyear Legislative Meetings in Washington, D.C., as the NAR Board of Directors voted overwhelmingly to approve a proposal to add LGBT consumers to the list of protected classes under the Realtor Code of Ethics.

The Board vote on Saturday May 15 followed a unanimous Thursday vote by the NAR Professional Standards Committee on the Article Ten issue.  The proposal was previously approved last November in New Orleans at the NAR Annual Conference by the NAR Equal Opportunity - Cultural Diversity Committee.

[YouTube Video Courtesy of the National Association of Gay & Lesbian Real Estate Professionals]

The effort to get Article Ten amended to include sexual orientation has truly been the work of many people.  Since the Wisconsin Realtors' Association Equal Opportunity in Housing Committee first introduced this proposed amendment, it has been examined and approved by the WRA Board (including WRA President Bill Malkasian), the NAR Equal Opportunity - Cultural Diversity Committee, the NAR Interpretations and Procedures Subcommittee, the NAR Professional Standards Committee and most recently the NAR Board of Directors.

In the process of moving this proposal forward, many individuals were involved, including Fred Underwood (NAR Director, Diversity and Community Outreach Programs) who offered consistent support on the Article Ten issue.  Wisconsin Realtors Association Director of Legal Affairs Debra Peterson Conrad provided sound legal and procedural advice, along with Kevin King of the NAR Professional Standards Committee.  And former NAR President Dick Gaylord was a tremendously helpful advisor during the entire process.

In particular, credit must be given to Jeff Berger, founder of the National Association of Gay & Lesbian Real Estate Professionals (NAGLREP), who spearheaded the Article Ten effort back in 2007.  Jeff invited me to join the Board of NAGLREP after reading my December 5, 2007 ActiveRain blog post, entitled,"Tell NAR It's Time to Rewrite Article 10 of the Code of Ethics" and I accepted.  The collaboration resulted in our bringing this proposal before the WRA Board on March 6, 2009. 

The story is not finished yet.  The resolution passed by the NAR Board of Directors still must be ratified by a delegate vote this November in New Orleans. 

This Code of Ethics change is of huge importance.  It will influence the standards of practice of over a million Realtors across the United States, and it will help to protect perhaps tens of millions of real estate consumers from discrimination in real estate. The way our National Association of Realtors has handled this proposal makes me extremely proud to be a Realtor.

There's a personal side to this story as well.  Three years ago, when I was blogging quite a bit on ActiveRain about Fair Housing issues, a fellow who didn't care for my subject matter sent me an email message.  He dismissed Fair Housing Laws and the anti-discrimination provisions in the Realtor Code of Ethics as "a lot of PC garbage".  And he boasted to me that he could discriminate against gays all he wanted, because "there's a loophole in the Code".

Well, it looks like that loophole is closing.  And when that happens, it will be a great source of personal satisfaction to me.

Comments(21)

Kerry L Klun, Broker/Owner
Palm Realty - Melbourne, FL
321-626-5868

It's about time.

May 23, 2010 04:32 PM
Jeff Berger
National Association of Gay & Lesbian Real Estate Profession - Delray Beach, FL

It surely does look like the loophole is closing.  Thankfully!

May 24, 2010 12:01 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

Bob - Yes, this measure is long overdue.  But it's a credit to NAR that they took the proactive step of dealing with it first, instead of waiting for the Federal Government to enact a change in the Fair Housing Act.

Kerry - Agreed.  Closing the sexual orientation loophole is truly a "best practice" for all Realtors.  This is a time when we need to welcome and assist all consumers.  Inclusion is good for business.

Jeff, you deserve a very large share of the credit for initiating the Article Ten amendment effort.  Thank you for allowing me to use the YouTube video above.

May 24, 2010 03:16 AM
Jeff Berger
National Association of Gay & Lesbian Real Estate Profession - Delray Beach, FL

Jim, Maybe you missed todays press release by HUD. 
http://portal.hud.gov/portal/page/portal/HUD/press/press_releases_media_advisories/2010/HUDNo.10-139

The loophole really is closing.

Besides, NAR is a private organization and can create a code of conduct to be ruled on by their judicial body.

Jul 01, 2010 11:16 AM
Joan Mirantz
Homequest Real Estate - Concord, NH
Realtor, GRI, CBR, SRES - Concord New Hampshire

Eric....Sorry I missed this before!

One more reason to try to get Liberals motivated about the November elections! We certainly don't need to go ten steps back!!

Jul 05, 2010 08:00 AM
Robin Rogers
Robin Rogers, Silverbridge Realty, San Antonio, Texas - San Antonio, TX
CRS, TRC, MRP - Real Estate Investment Adviser

That's terrific, Eric! I will keep an eye on the Texas effort.

Cheers,

Robin

Jul 11, 2010 04:01 AM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

Jeff - Is there a "National Association Of Straight Real Estate Professionals"?  I suspect that if there was, everyone here would be up in arms about it.  It seems your organization is exclusionary by default (Ala NAACP & LaRAZA).

Eric - Shouldn't everyone have the freedom to work with who they choose?  Gay OR Straight?  Why doesn't article 10 preclude agents from denying service on the basis of age?

Sounds like everyone here has a horse in the race rather than being neutral as should be the case.

Joan - Ten steps back happens on January 1st, 2011, but something tells me you won't notice the change at all.

Jul 13, 2010 08:17 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

You didn't answer my question about age Eric... (and you played a semantics game with the other - How can I exclude anyone from real estate services Eric? There are over 1,000 agents within 20 miles of my office).

Why doesn't article 10 preclude agents from denying service on the basis of age?

Under what circumstances does an agent get to choose who he/she works with?

 

John... LOL.  I understand your frustration.  Straight people don't seek out straight agents specifically, while gays will go out of their way to seek out other gays to do business with.  Again, it's the gay community being exclusionary to straight people.

Jul 20, 2010 11:34 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

No Eric... I said that because GL seek out GLs to do business with, that is exclusionary to straight people.  If there was a Straight Realtor Association, the LGBT would be up in arms claiming it to be wrong, but there can be Gay Organizations all over the US and somehow they think its o.k.

By having a name like Girl Scouts, the Girl Scouts are telling everyone that boys don't belong.  By having a name like Association of Gay & Lesbian Realtors, Gays & Lesbians are telling everyone that STRAIGHT PEOPLE DON'T BELONG.  Straight people don't have organizations and businesses that are exclusionary even on the face of them... gays and lesbians do.  Why?

I'm sure you know they have special websites, directories, and lists of Gay and Lesbian businesses.  Can you tell me where such a list is for straight people.. of Straight Businesses?  NO you can't, because that would be exclusionary and wrong.

Again, WHY DOES ARTICLE 10 ALLOW DENIAL OF SERVICE DUE TO AGE?  I just want the why Eric, don't change my words around AGAIN to state something else.

According to the code, a Realtor may deny service to someone who supports the LGBT movement, who likes Barbara Streisand, who has ever been to a gay pride parade, who acts like a jerk, who doesn't like coconuts, who owns a gerbil, who drives a Prius, who doesn't like football....  Do you get it?!  The one thing you're right about is that the code is specific... it allows discrimination for 50 million things.  When are you going to get busy about fixing this injustice?

Who has ever been denied service due to sexual orientation (provide cites)?  And if it HAS ever happened, why would the person denied want to do business with the other? (there is no good answer for this Eric).

I cannot debate you on this issue as you aren't interested in addressing the points put forward.  You can post a reply that doesn't address the above questions and points, which appears to be your forte, but as I'm sure this isn't comfortable for you to discuss (I don't blame you, I wouldn't want to address it either if I was in the wrong), I'll leave your thread to you and will not post again.

 

Jul 21, 2010 07:32 AM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

I give up.  I don't know what made me think you'd engage in a reasonable discussion regarding your ridiculous statements???   "What we've got here, is a failure to communicate.  Some... you just can't reach" - Captain, Cool Hand Luke

I'll leave you to your LGBT agenda.

Jul 21, 2010 01:38 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

Eric Kodner -  I'm resolved in the belief that you'll never answer any of the questions I've posed because you don't have the opportunity to generate the benefit you'd like to see from the outcome.  I've removed my previous posts because I refuse to allow you and your homosexual agenda to twist the discussion to your end while refusing to answer the reasonable questions posed by a straight guy (me).

The folly of your logic is evident even in your most recent post.  You seem to believe that just because a large group of people (or a single important one) holding a particular view makes that view any more worthy than another.

A great many people once believed the world to be flat.
A great number of people deny the holocaust occured.
A great number of people believe we never landed on the moon.
A popular congressman from your political party currently believes that an island (Guam) is likely to tip over if overloaded with servicemen and women.

According to your logic, all of these items have merit based on public perception.

It's my belief that you are like many homosexual activists who desire to demonize those who do not share the same homosexual lifestyle or penchant for pressing your belief system on others (i.e. Carrie Prejean & Perez Hilton).

The following is from a homosexual blog site which I see you frequent (Just how is this not discrimination against non-Gays?)...

Eric Kodner Homosexual Debate

Shame on you.... not because of a homosexual lifestyle, but because you're not supportive of those who have beliefs that do not mirror yours.  Your hypocrisy knows no bounds.

Jul 24, 2010 07:34 PM
Joan Mirantz
Homequest Real Estate - Concord, NH
Realtor, GRI, CBR, SRES - Concord New Hampshire

Eric,
I am sorry you have been sujected to this barrage. (what little was left to read)
You are an asset to AR and to all of us who read and have benefited from your knowledgeable, accurate, and insightful  posts
Unfortunately there is always someone on this forum who has no interest in contributing to the sense of community but are only interested in venting their own personal angry views. They do that not by expressing them in a visible forum (a blog) but by targeted sniping.
I don't know what he said to me....it was already gone :0)

Eric, in my view, it's extremely unfortunate that we still live in a world that has to legislate fair, ethical and moral behavior!
The Golden Rule always has been, and will continue to be, the rule to follow.

 

Jul 25, 2010 06:00 AM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

Jeff - No need for bringing something new to the discussion until you close up the issues at hand.  I asked why you feel having an exclusionary (on its face) organization like "National Association of Gay & Lesbian Real Estate Professionals" is o.k.?  Can you answer that question before you bash me again?

You'd be up in arms if there was an organization called the "National Association of Straight Real Estate Professionals".  There doesn't need to be either if you're serious about being equal in every way to the straight community.  Do you really want things to be equal?

You...  that's right Jeff, YOU are the one who attempts to separate groups of people rather than bringing them together.

The news clip is regarding foreclosure alternatives and I saw it referred to in another AR post by a blogger unknown to me.  Maybe you can track him down and stereotype him too.

I don't have anything against gay or lesbian people, I just have a problem with those gay and lesbian people who feel like it's their duty to demonize those who don't believe as you.  I'm working with a lesbian couple right now, but they don't feel the need to indoctrinate me.

Debe - Obviously you didn't carefully read my post.  Why do you feel the need to bash me for asking simple questions as to why it's o.k. for the gay community to act in a bigoted way toward the straight community at the same time they complain that the straight community is doing the same to them.  Did you see that the quote above (in my last post) champions gays spending money in a discriminating way (excluding straight businesses and actively searching out gay businesses)?

That statement is just as bigoted and wrong as a straight website saying the opposite, (ie. I'm not spending my money in a gay run business).  Wouldn't you agree that either is JUST AS WRONG! 

There's no reason we should transition from a country which hinders gays to the benefit of straight people, to a country which hinders straight people to the benfit of gays.  Neither is right.

Eric - I didn't stop by your blogpost to attack anyone.  As always, you're attempting to twist words to your end.  I never mentioned the board or it's members.  Again you've decided to paint a picture that is not accurate.

 I simply asked a couple of carefully thought out questions about why you all think it's o.k. to exclude and discriminate against straight people while at the same time, complaining that the homosexual community excludes and discriminates against the straight community.

Why haven't you all set your sights on John?  He actually came in just to bash the gay community.  I just had a couple questions.

Jul 25, 2010 09:36 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Cameron--This post is not about hindering ANY portion of society, merely ascertaining that one particular segment of society is treatly fairly and justly.  With regards to your statement about gay or straight sites--where does the NAACP fit into your beliefs?  Or the Miss Black America? What about any of the Latino organizations?  These segments of society ban together to support one another and I don't feel that there is anything wrong with that.  Most are non-exclusive groups. I will say that I do hope for a society where these groups are no longer necessary--that all 'men' will be treated equally and there is no longer any bigotry or discrimination among us.  I admit that those groups which ARE exclusive sometimes give the 'feel' of reverse discrimination, which is not good either.

I am a Christian and joined a local Jewish Community Center so that my children could be exposed to the wonderful programs that they offered there.  I soon became a member of their Board and throughly enjoyed learning their culture and sharing mine with them.  One other point that I would like to make is that we Christians don't worship in their temples nor do they, in our churches. I don't think that's discriminatory, merely cultural habits.

And, you're absolutely correct about John!  I began to read the thread but, your bold print caught my eye and I completely missed his rude comment.

John:  As I said to Cameron--I'm not gay but, I'm ALL for equality and if ANY segment of society FEELS as though they're being discriminated against, then what could possibly be wrong with making sure that our profession does NOT behave in a discriminatory manner? 

Joan:  It's not about liberals or conservatives, it's about human rights.  Period.

Jul 25, 2010 11:11 AM
Jeff Berger
National Association of Gay & Lesbian Real Estate Profession - Delray Beach, FL

Cameron,

As Debe said, organizations such as NAGLREP exist to give support to one another.  

You can visit NAR's Diversity page at http://www.realtor.org/diversity  Groups within NAR diversity include NAGLREP, the National Association of Hispanic Professionals http://www.nahrep.org , The Asian Real Estate Association of America http://areaa.org/ , The National Association of Real Estate Brokers (NAREB®) which is comprised of African American professionals http://www.nareb.com/  

When a group is discriminated against in housing, it is important for that group of persons to address the concern.  I have recently spoken to a gay couple who have been turned away from buying a home because the listing agent and the home seller said they are not selling to faggots.  We can not look away from this and accept it for what it is.

Our organization is a trade organization of like minded individuals.  And to answer your question..  If you want to form an organization for straight realtors, go ahead.  The difference is, many of our members are straight and we do not exclude anyone.  I hope your organization will do the same.  Best wishes to you.

Jul 25, 2010 11:55 AM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

Debe - Notice that Eric removed my last post which I thought brought much clarity to the discussion.  Thank you for your more carefully thought out response.

My beliefs on the NAACP, Black Miss America... I think they divide people.  They may have once had a place, but no longer. 

There have been Black Miss Americas in the "Miss America Pageant", but there could never be a white winner at the Black Miss America because the organization is exclusionary at its base (do you consider this fair? I don't as the non-black contestants have twice the opportunity for a Miss America title).   Those organizations should simply strive for equal opportunity for EVERYONE.

As for Eric stating that he thinks someone (Surely he's speaking of me) is hijacking his blog for use as a pulpit is another misleading statement.  My involvement in this thread was only to ask questions about the apparent double standards of the homosexual community.  He has yet to give a coherent response and I fully expect he will delete this comment as well.  Being that he's so involved in the equal rights for LGBT people, you'd think he wouldn't be so secretive about his own orientation.  Care to comment on your orientation Eric?

 

Jul 25, 2010 12:38 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

I haven't made comments full of cheap shots or personal attacks Eric.  For the record, you're lying (speaking of ethics), and don't think others can't see through your semantics games.  Go ahead and remove this post... as you did the others.

 
Here's the last one you removed because it doesn't cater to your agenda...

Debe - Notice that Eric removed my posts which I thought brought much clarity to the discussion.  Thank you for your 2nd response which was obviously more carefully thought out than the first.

My beliefs on the NAACP, Black Miss America... I think they divide people.  They may have once had a place, but no longer. 

There have been Black Miss Americas in the "Miss America Pageant", but there could never be a white winner at the Black Miss America because the organization is exclusionary at its base (do you consider this fair?  I don't as the black contestants have twice the opportunity for a Miss America title).   Those organizations should simply strive for equal opportunity for EVERYONE.

As for Eric stating that he thinks someone (Surely he's speaking of me) is hijacking his blog for use as a pulpit is another misleading statement.  My involvement in this thread was only to ask questions about the apparent double standards of the homosexual community.  He has yet to give a coherent response and I fully expect he will delete this comment as well.  Being that he's so involved in the equal rights for LGBT people, you'd think he wouldn't be so secretive about his own orientation.  Care to comment on your orientation Eric?

Jul 25, 2010 02:01 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

Eric - As long as you have misinformation posted about me on this blog, I'll be here to defend myself.

Again...
Debe - Notice that Eric removed my last post which I thought brought much clarity to the discussion.  Thank you for your more carefully thought out response.

My beliefs on the NAACP, Black Miss America... I think they divide people.  They may have once had a place, but no longer. 

There have been Black Miss Americas in the "Miss America Pageant", but there could never be a white winner at the Black Miss America because the organization is exclusionary at its base (do you consider this fair? I don't as the non-black contestants have twice the opportunity for a Miss America title).   Those organizations should simply strive for equal opportunity for EVERYONE.

As for Eric stating that he thinks someone (Surely he's speaking of me) is hijacking his blog for use as a pulpit is another misleading statement.  My involvement in this thread was only to ask questions about the apparent double standards of the homosexual community.  He has yet to give a coherent response and I fully expect he will delete this comment as well.  Being that he's so involved in the equal rights for LGBT people, you'd think he wouldn't be so secretive about his own orientation.  Care to comment on your orientation Eric?

Jul 25, 2010 09:06 PM
Barbara Chatterton
The Stark Company Realtors, Madison WI - Madison, WI
Greater Madison Wisconsin Area Realtor

Civil Rights Initiatives in this country have very long time lines and full of divisiveness and struggle and protest.

In 1776 White men with property are given the right to vote; Catholics, Quakers, Jews and others are banned. June 15, 1867  the 15th Amendment gave African American men the right to vote but not until June 15, 1964 was the Civil Rights Act signed by President Lyndon Johnson.

July 19th-20 1848, Women's Rights Convention in Seneca Falls, NY was the official start to the Suffragette movement and it was not until Aug 20, 1920, that the 19th Amendment, adopted by Congress on June 4, 1919, was finally ratified by the states and became national law, giving women the right to vote.

I applaud and support the tremendous hard work and focus which has gone into the National Association of Realtors' upcoming vote to amend  Article Ten to include LGBT folks as a protected class in the Code of Ethics.

It pains me greatly to read these posts and what Eric has had to defend here on his Active Rain blog in his, and many other's positive efforts  in working towards yet another long overdue Civil Rights issue. He should not have had to go through this.

Jul 28, 2010 01:52 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Bigotry is alive on the Internet and American society!

Mar 16, 2011 12:25 AM