Texas Department of Housing and Community Affairs v. Inclusive Communities Project, INC.

Floor Speech

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Mr. DURBIN. Mr. President, this morning, the Supreme Court also announced its decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

In a major victory for the millions of Americans who rely on the protections of the Fair Housing Act to challenge unfair, discriminatory housing practices, the Court held that disparate impact claims are permissible under the law.

The Fair Housing Act was a landmark civil rights bill passed in 1968 to combat widespread housing discrimination. Under the disparate impact doctrine, the law allows plaintiffs to challenge housing policies that have a ``disproportionally adverse effect on minorities,'' without proving discriminatory intent.

Housing discrimination is rarely as overt today as it was in the 1960s, and disparate impact claims thus play an important role in preventing housing segregation. Federal appeals courts across the country have long held that these types of claims are permissible and constitutional. Today, the Supreme Court rightfully affirmed this principle.

As Justice Kennedy acknowledged in the opinion, the Fair Housing Act plays a ``continuing role in moving the Nation toward a more integrated society.''

This past week has reminded us that we have much to accomplish in creating a more just and equal society. On issues ranging from voting rights to mass incarceration, there are fundamental disparities that we must address.

Thankfully, the Court's ruling today ensures that the full protections of the Fair Housing Act remain intact. We must continue to work to prevent discrimination in housing and give all American families access to safe, affordable homes in inclusive, prosperous communities.

I yield the floor.

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