This section contains the nature of the case and procedural background.

John and Terry Hoffius (D), a married couple, owned residential property in Michigan. In June 1993, plaintiffs Kristal McCready and Keith Kerr (Ps) answered D’s ad about renting the property. Ds refused to rent to P when they learned that the couple was not married and intended to live together. Plaintiff Rose Baiz (P1) phoned Ds about a month later, and they refused to rent to her because she was going to live with Peter and they were not married. D told P that unmarried cohabitation violates his religious beliefs. Ps filed complaints and testers from the Fair Housing Commission posed as potential renters. D did not ask the marital status of any of the testers. However, they refused to permit unmarried couples to inspect apartments claiming that the units were available only to married couples. D stated that they did not rent to unmarried couples. D moved for summary judgment on Ps’ complaints because they contend that the Civil Rights Act does not protect unmarried cohabitation and it would be unconstitutional if it did because it would force D to violate sincerely held religious beliefs.

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