Notes from Charlotte County, Florida

NEW ORLEANS – Nov. 10, 2010 – A change to Article 10 of the Realtors® Code of Ethics passed in a roll-call vote by a greater than 9-to-1 margin at the recent National Association of Realtors (NAR) convention in New Orleans to ban discrimination by Realtors based on sexual orientation.

NAR’s Professional Standards Committee and the Board of Directors previously approved the Code of Ethics change during the 2010 Midyear Meetings in Washington D.C.

Here is the amended language of Article 10 (additions are underlined):

Realtors shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

Realtors shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

Realtors, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

A related recommendation amending Standard of Practice 10-3 was approved as well:

Realtors shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

The amendment was discussed prior to the vote. A few of the questions raised were:

1. Is “sexual orientation,” without qualifiers or any further explanation, the right phrasing?
2. Is NAR denying private property rights (ostensibly, the right of property owners to refuse to do business with people of a certain sexual orientation due to their moral beliefs)?
3. Should NAR precede the federal government in adding sexual orientation as a protected class?

In response to the third question, a delegate from Minneapolis pointed out that the purpose of the Code of Ethics was to hold Realtors to a higher standard. Another delegate who approved of the amendment said the Code of Ethics was a living document.

Delegates approved the Code change by voice vote, but one delegate called for a vote by ballot. In ballot voting weighted by size of local association, the amendment passed by more than 93 percent.