A married couple of New York, each with developmental disabilities is suing their former group home provider for discrimination. Their claim is that the administrators of the group home violated their rights by refusing to allow them to co-habitat after being married in April 2013. Their claim which is currently under appeal, was dismissed by U.S. District Judge Leonard Wexler. Judge Wexler's ruling stated there was no discrimination based on disability; that the decision of the group home was based on the marriage.
Click this link to read the story: http://www.disabilityscoop.com/2014/04/22/group-homes-cohabiting-upheld/19297/
I believe in this particular case, the judge is correct in his ruling. Discrimination is a serious accusation, as is violating someone's rights; neither of which the group home is guilty. The problem with this case is that their rights in two areas of their lives are in conflict with each other; their right to marry and their right to live where they choose.
Perhaps the group home where they wanted to reside isn't licensed to have two people per room. Perhaps the homes are segregated by gender. Perhaps the home of choice is specialized to a particular disability. Perhaps the home is governed by HUD and there are guidelines the group home must follow to remain in compliance. We don't know because the article doesn't state the details of the group home.
What we do know is that for all of us when we make major life choices, there are sacrifices that we have to make. Married couples typically reside in a residence that is exclusive to them and the families they create. Just as it is our responsibility to ensure that those with disabilities are afforded the same rights as everyone else, we must ensure that we are clear on the responsibilities that coincide with the rights individuals choose to exercise.
Please share your thoughts.
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