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French (D) owned and occupied a two-bedroom house until moving to a house he purchased on the country. D agreed to rent the house to Parsons (P) and accepted a check for $250 as a security deposit. Shortly thereafter D discovered that P had a relationship with her fiancé Wesley Jenson and that the two would be likely to engage in sexual relations outside of marriage on D's property. D then refused to rent to P based on his religious beliefs of the sinfulness of an unmarried couple living together and having sex. D was found guilty of discrimination by an administrative law judge under a complaint filed by P. D appealed.

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