Washington State Is Challenged To Prove Constitutionality Of Minority Set-Asides For Mortgages
Housing costs are affecting everyone in Washington, not just specific racial groups.
The nonprofit Pacific Legal Foundation (PLF) filed a federal lawsuit on behalf of the Foundation Against Intolerance & Racism (FAIR), which is challenging Washington State's allegedly discriminatory housing program for first-time homebuyers.
To aid residents trying to buy homes amid the housing crisis, the Washington State Housing Finance Commission recently launched the Washington Covenant Homeownership Program, which offers down payment and closing cost assistance to first-time homebuyers. However, the program is available only to members of specific racial groups. Residents who are not a member of preferred racial groups are not eligible to apply for the program. Korean Americans are eligible; Japanese Americans are not. African Americans are eligible; Arab Americans are not.
“Washington residents do not need any more barriers to homeownership, much less any that discriminate against them based on their race and ethnicity,” said Pacific Legal Foundation Attorney Andrew Quinio. “The Covenant Homeownership Program discriminates against first-time homebuyers on the basis of race, in violation of the Constitution. If the state chooses to offer public benefits, they must be open to all, regardless of race. It is what the Fourteenth Amendment requires, and what this lawsuit demands.”
Washington’s high housing costs don’t discriminate — they price people of all races out of homeownership. This includes members of the Foundation Against Intolerance & Racism (FAIR), a nonprofit, nonpartisan organization dedicated to promoting equal protection under the law. FAIR has members who would fully qualify for the state program if race weren’t a factor.
“FAIR understands the struggle of financial insecurity and believes that homeownership should be within reach for all. However, the Constitution is clear: government-funded programs cannot exclude based on race or ethnicity. We proudly oppose Washington’s unconstitutional housing program,” said FAIR Executive Director Monica Harris.
According to the Pacific Legal Foundation:
"If the state is concerned about home affordability, it should address the constraints in the housing supply. Assisting first-time homebuyers with down payments and closing costs may help some people buy a home but will do little to address the overall cost of housing. (A better way would be to ease land-use restrictions that make it costly and time-consuming to build new housing.)
"If Washington decides to provide these benefits, however, it cannot be at the expense of equal opportunity. It’s wrong for the government to gate access to public benefits on the basis of race. Moreover, it’s unconstitutional.
"The equal protection guarantee of the Constitution’s Fourteenth Amendment protects individuals from government discrimination due to arbitrary classifications like race.
If Washington wants to provide these benefits, it cannot be at the expense of equality before the law. The equal protection guarantee of the Constitution’s Fourteenth Amendment protects individuals from government discrimination due to arbitrary classifications like race."
The case is FAIR v. Walker, filed in U.S. District Court for the Western District of Washington.
Pacific Legal Foundation is a national nonprofit legal organization