NAR revises hate speech policy that made it an ethical violation to support biblical marriage

The National Association of Realtors (NAR) has revised a controversial provision in its Code of Ethics following public backlash and legal threats stemming from its disciplinary action against a Christian minister and longtime Virginia realtor.

On Thursday, NAR members voted to amend Standard of Practice 10-5, a rule adopted in 2020, prohibits members from using “harassing speech, hate speech, epithets, or slurs” based on protected classes such as race, religion, sex, disability, or sexual orientation.

The newly adopted clarification states that the standard only applies to speech made in a realtor’s professional capacity while conducting or promoting real estate business.

The policy change comes months after the Virginia Association of Realtors (VAR) found Wilson Fauber, 70, in violation of the NAR Code of Ethics for posting Bible-based commentary on gender and sexuality on his personal Facebook page. Fauber, who had also run for a seat on the Staunton City Council in 2023, was sanctioned by the state association despite arguing that his posts were religious and made outside his professional role.

“This is a massive victory for free speech and religious freedom not just for me, but for all 1.5 million members of the National Association of Realtors. It’s clear that my imminent lawsuit against them and our work in state legislatures like Texas to push back played a pivotal role in bringing about this monumental change,” Fauber said in a statement following the amendment.

Victoria Cobb, president of The Family Foundation, which represented Fauber, also expressed her gratitude following the announcement.

“We’re glad to see NAR has moved swiftly to correct their disastrous ‘hate speech’ policy that has had the effect of punishing even pastors like our client from speaking in their personal capacity. Now the Virginia Association of Realtors should take back its adverse ruling against Mr. Fauber and compensate him for the losses to his business and reputation,” she wrote in the statement.

The revision followed internal debates at NAR’s national meeting in Washington, where members acknowledged mounting legal concerns over the original rule. Matt Difanis, an Illinois broker-owner who helped author the 2020 language and who is a vocal advocate for diversity, equity, and inclusion (DEI) within the industry, said legal realities drove the decision.

“This isn’t a capitulation,” Difanis said. “This isn’t buckling under the weight of organized anti-wokeism or any of the other terrifying things that I know are really truly hurting our black and brown and LGBTQ-plus members and anyone else that’s from a historically marginalized group.”

Fauber’s disciplinary case began in 2024 after two fellow realtors, neither of whom he had previously met, filed ethics complaints against him, citing his older social media posts as violations of the code. One of the complainants was reportedly an openly gay man. The posts in question, shared as part of Fauber’s Christian ministry, included biblical references to traditional marriage and commentary aligned with statements from Rev. Franklin Graham and other faith leaders in opposition to same-sex marriage.

The posts, some dating back to 2015, resurfaced during Fauber’s city council campaign and triggered a formal investigation by VAR. Despite Fauber’s assertion that he was expressing personal religious beliefs, VAR ruled that his posts violated NAR’s Standard of Practice 10-5. Fauber’s appeals were denied, and in February 2025, the ethics conviction was upheld.

“Christians don’t have rights, and this is just totally wrong. And the National Association of Realtors being the largest trade organization in America, they have set a precedent by adopting this policy. If I’m guilty because I post my religious beliefs in a meme or a scripture on my Facebook or social media accounts, and if that’s guilty of ‘hate speech’… there are millions and millions of Christians that agree with my position, and we don’t have a voice,” Fauber said last year in an interview with CBN News.

Fauber had been facing a potential fine of up to $15,000 and the possibility of losing his real estate license.

NAR’s decision to refine the rule marks a significant policy shift for the nation’s largest real estate trade association, which represents more than 1.5 million members. The original rule was introduced amid heightened calls for racial justice and equity in housing following the murder of George Floyd in 2020.

Fauber’s case holds parallels to a case in Finland, where a Member of Parliament (MP) and a Lutheran bishop are being criminally tried for the simple act of sharing Bible verses on God’s design for marriage.

Both were previously acquitted, first in March 2022 by a district court and again in November 2023 by the court of appeal, but Finland’s Supreme Court has agreed to hear an appeal from the State Prosecutor seeking a third criminal trial of the two on hate-speech charges related to their biblical views on sex and marriage.

Finnish law allows multiple trials for the same offense, as it does not provide double-jeopardy protections. Prosecutors initially brought three charges in 2021 for “agitation against minorities” based on Räsänen’s 2019 tweet quoting Scripture, a radio interview, and a 2004 pamphlet co-authored with Pohjola.

If convicted, the two face potential fines and restrictions on future publication. Both Räsänen and Pohjola assert their comments were grounded in Christian doctrine and constitute protected expressions of faith, not hate speech.

Wilson Fauber’s case is a reminder that biblical truth is increasingly at odds with today’s secular culture. Yet this outcome also offers hope and encouragement for Christians navigating a society that is often hostile to God’s Word.

First, it reinforces the call for courage. As Paul writes in 2 Timothy 1:7, “For God gave us a spirit not of fear but of power and love and self-control.” Fauber stood firm under pressure, refusing to renounce his deeply held biblical convictions even when facing financial loss and professional ruin. His example calls us to speak the truth in love, regardless of the cost.

Second, this situation highlights the importance of discernment and legal awareness. Matthew 10:16 urges believers to be “wise as serpents and innocent as doves.” We live in an age where sharing Scripture online may be considered as “hate speech.” Christians must remain both faithful to truth and informed about their rights under the law.

Finally, this case highlights the vital role of Christian legal advocacy and community support. Like Daniel in Babylon or Peter before the Sanhedrin, Fauber did not stand alone. The Church must rally behind those facing opposition, praying and working for a society that honors both truth and freedom.

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