Six Consequences the Coalition [in Support of Proposition 8] Has Identified if Proposition 8 Fails – Fourth Consequence
4. Religions that sponsor private schools with married student housing may be required to provide housing for same-sex couples, even if counter to church doctrine, or risk lawsuits over tax exemptions and related benefits.
Thurston/Response: This claim relates to an experience at Yeshiva University in New York. Gay students were eligible fro University housing, but their partners were not able to join them because they did not have marriage certificates. It should be noted that Yeshiva University (despite its name) is chartered as a nonsectarian institution, enabling it to receive state and federal funding. The New York court found that Yeshiva was discriminating against the students based on their sexual orientation – not their marital status. The ruling was based on New York City non-discrimination laws.
California’s existing non-discrimination laws give all registered domestic partners, whether heterosexual or homosexual, the right of equal access to family housing. To date, however, no California private religious school has been forced to comply with this law. Neither the passage or failure of Proposition 8 will have any bearing on the law relating to family student housing in California.
The gay marriage problem will not arise at BYU and other Church universities because engaging in homosexual activity is a violation of the honor code and is a basis for expulsion from the University. These rules will not be overturned merely because Massachusetts, Canada and many European nations recognize them.