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Lesbian couple sues retirement home for discrimination after being denied housing

The community's cohabitation policy says only married people can share a unit and marriage is "means the union of one man and one woman, as marriage is understood in the Bible."

ST. LOUIS COUNTY – The dream of moving into a retirement community was denied for a Sunset Hills couple because they’re lesbians, according to a new discrimination lawsuit filed in federal court.

Mary Walsh and Bev Nance said they found their dream community at Friendship Village in Sunset Hills.

"They had a lot of friends there. They felt like it was a welcoming place,” their attorney, Jessie Steffan, said.

Steffan said the women even met with staff and paid $2,000 deposit to secure an apartment. So a notice they received came as a big surprise.

"Your request to share a single unit does not fall within the policy of Friendship Village Sunset Hills,” it reads, according to the lawsuit.

That policy is the community's cohabitation policy, which says only married people can share a unit, and marriage is “means the union of one man and one woman, as marriage is understood in the Bible.”

"Our clients were qualified to join this senior living community for every other reason and the only reason they were denied was because of their sex,” Steffan said. "To our mind that's wrong and the law prevents that kind of discrimination."

5 On Your Side visited Friendship Village to get answers about this lawsuit. A receptionist gave us a statement from the CEO that reads,

“We have just been made aware of a lawsuit that we have not yet seen and have not had an opportunity to review. We have no further comment at this time.”

A 5 On Your Side legal analyst said this is a cutting-edge lawsuit, and there are no clear answers. Neither state nor federal law bans discrimination based on sexual orientation, but same sex marriage is legal.

We're told it could be a year or more before a decision is made in this case.

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