Case Update: Pastor's "Hate Speech" Charge Upheld By Realtor Appeals Panel

Last week, our Founding Freedoms Law Center (FFLC) attorneys argued the final ethics appeal on behalf of our client, Wilson Fauber, who had been found guilty by the Virginia Association of REALTORs (VAR) of ethical violations, including “hate speech” against the “LGBTQ+ community” for Biblical messages he shared about marriage and sexuality on his personal Facebook page. VAR also found him to be in violation of another ethics provision simply for sharing publicly the ethics charges brought against him – VAR’s gag rule for anyone it seeks to punish. The VAR appeals panel has now ruled against Fauber, upholding the original decision as final.

Now, Fauber has no further recourse but to bring a lawsuit against the REALTOR association for violating his rights, which we will be sharing more about soon.

This ruling comes in spite of the fact that Fauber, an ordained Christian minister and 44-year member of REALTOR, only ever spoke those messages in his personal capacity and never in a professional context. Every message he posted was either directly from the Bible or was completely informed by his Biblical convictions about sexual morality. Some of his posts cited by the complainants were made as far back as 2015, long before the NAR’s new “hate speech” code was even adopted, and none of his posts were ever directed at any individual. The fact is that Fauber has never discriminated against anyone in his real estate profession, and he has served both gay and transgender clients without issue. 

In addition to officially being deemed a “discriminator” by the VAR, as punishment Fauber has been ordered to undergo multiple re-education programs – apparently to rid him of his Biblical convictions – and to pay a fine. If he fails to do these, he could have his REALTOR membership suspended, as has already happened to another pastor in Montana recently. And without membership in REALTOR, it’s virtually impossible to make a living as a real estate agent/broker since membership is required to access the online Multiple Listing Services.    

According to Fauber, “This is an attack not only on my Christian faith, but on every REALTOR who wishes to express their conscientious or faith-based opinions about important moral issues.”

We agree. Not only does this ruling violate his religious freedom, as protected by the Virginia Fair Housing Act, but we believe it’s in clear violation of the REALTOR’s own contractual standards. And we believe this decision has profound implications for every other faith-based REALTOR. That’s why we will be seeking to hold REALTOR accountable on behalf of Wilson Fauber. Stay tuned for more as we prepare for next steps. We appreciate your continued prayers and support.