Landlord feared God's wrath if he rented apartment to gay people.
CBC News
A gay couple in Yellowknife have been awarded $13,400 in compensation because a landlord would not rent them an apartment on the basis of their sexual orientation.
In a written decision issued this month, Northwest Territories human-rights adjudicator James Posynick ruled that William Goertzen did not give a justifiable reason for refusing Scott Robertson and Richard Anthony when they tried to rent the main floor of his Yellowknife house in May 2009.
Robertson and Anthony told the panel they had signed a one-year lease and paid a $1,125 damage deposit for the unit, but the property owner refused to recognize the lease after learning they were a couple.
Goertzen, a journeyman lineman who attends a local Baptist church, said he instead put the rental back on the market because he feared he would suffer "'undue hardship' by punishment administered by God" if he allowed gay people to live in his building, according to the decision.
Goertzen said he believed "that same-sex relationships are 'unnatural and against nature' and 'the Bible warns against being associated with such wickedness," the decision states in part.
Posynick ruled that while he did not believe Goertzen had acted maliciously against the couple, he "certainly intended to discriminate" against them.
"He wilfully and with disregard for their legal rights, including their rights under … a valid tenancy agreement, for reasons relating to the sexual orientation of the complainants, denied their tenancy and the respect and dignity they are entitled to as fellow human beings," Posynick wrote in the decision.
Robertson and Anthony said they had to stay with friends for 10 days before they could find another apartment. As well, they had to take Goertzen to rental court to get their damage deposit back.
Religious freedom 'not unlimited'
"I don't know how more clear the discrimination could be, and I guess that's why it's so shocking for us," Robertson told Posynick during a hearing in June.
At the same hearing, Goertzen read Bible passages as he attempted to justify not honouring the lease with Robertson and Anthony. He argued his religious beliefs are protected by Canadian law.
"I'd have to ask where are my rights … why can I not stand on my beliefs and what I believe in?" Goertzen told CBC News in July.
"They might think it's discrimination against them, but I'm losing my beliefs and there's definitely my religious convictions."
But in his decision, Posynick said the right to religious freedom "is not unlimited" and Goertzen cannot justify evicting the couple on the basis that he was "following God's word."
"Mr. Goertzen made his own choices," Posynick wrote. "I heard no evidence that God's word included ignoring his legal obligations to treat other people — even people with different beliefs and different lifestyle choices than his own — with respect."
Posynick ordered Goertzen to pay $6,500 each to Robertson and Anthony, $5,000 of which compensates for injury to the men's "dignity, feelings and self-respect." The remaining $1,500 are punitive damages.
Goertzen is also ordered to pay $400 to Robertson for wages he claimed to have lost while dealing with the human-rights complaint.
"It was evident to me during the evidence given by both of the complainants they were deeply hurt and humiliated by Mr. Goertzen's denial of tenancy," Posynick noted in his ruling.
The experience has strained the couple's relationship, he said.
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