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Gay Couple Sues U. Hawaii Over Married Student Housing - by 365Gay.com Newscenter Staff

(Honolulu, Hawaii) University of Hawaii student Joseph O'Leary and his same-sex partner Phi Ngo have filed suit against the University of Hawaii, alleging the school violated their civil rights by refusing to allow them to live in married student housing on campus.

During the 2006-2007 school year, O'Leary and Ngo lived in family housing on the main campus of the University of Hawaii at Manoa while O'Leary worked toward a degree in history.

They reapplied for family housing for the 2007 – 2008 school year, but the University denied their request.

In a letter the interim director of University Housing Services stated that the University "recognizes marital status as defined in Section 572-1 of the Hawai'i Revised Statutes,"which restricts the term "marriage" to different-sex couples.

The letter went on to state that "[u]ntil such time that the state revises its definition of marital status, we will continue to apply the existing definition to our assignment policy for married housing."

The lawsuit was filed in a Honolulu court by Lambda Legal which is representing the couple.

Lambda senior attorney Brian Chase noted that the Supreme Court of Hawaii has already held that the denial of any of the benefits of marriage to same-sex couples constitutes discrimination in violation of the state Constitution.

"The University is putting our clients and other same-sex couples in an impossible position," said Chase.

"Joe and Phi are a family. The University had no problem with Joe and Phi living in family housing last year. It makes no sense for the University to suddenly decide to discriminate against them just because they are gay."

Chase that because the couple has incurred unnecessary expenses as a result of the university's action.

The couple has been forced to lease a more expensive off-campus apartment. It is not within walking distance to campus, so O'Leary is forced to incur significant transit expenses to get to and from his classes. He has also had to forgo use of the subsidized student meal plan. The additional expenses amount to several thousand dollars per year.

Chase also noted that the school policy toward students is significantly different from the way it treats employees.

"If you're a professor at University of Hawaii, the university will pay for your same-sex partners moving expenses. So, why are they treating students differently? It's arbitrary discrimination," said Chase.

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