The University of Hawaii is celebrating diversity this week with various cultural performances. It's even handing out bookmarks that read "Diversity Matters at Manoa". Yet this week they are being sued for discrimination.

A couple says they were denied on campus housing because they are gay. At UH married couples can live together in the family housing building even if only one of them is enrolled as a student but not if it's a same sex marriage.

"I can only tell you what it felt like. I'm still confused to a point as to why the University did what they did. I don't have a reason for it," said Joseph O'Leary, who is suing the University.

O'Leary and his partner of five years Phi Ngo say they were denied on campus housing because they're gay. A letter sent to them from the University's Office of Student Affairs states its policy follows state law, which defines marriage "only between a man and a woman." The letter goes on to say, "Until such time that the state revises its definition of marital status, we will continue to apply the existing definition to our assignment policy for married housing."

A big part of the complaint is the fact that the couple was allowed to live together in the Hale Wainani student housing complex the entire 2006-2007 school year, but when they reapplied to live there again this year they were denied.

"The woman that I talked to said that giving us housing for the 06-07 year was a mistake and that it was a mistake they had just caught," said O'Leary.

Furthermore, O'Leary's lawyers say it isn't right for the university to recognize same sex couples in one way, but not others.

"If you're a professor at the University of Hawaii you can put your same sex partner on your health insurance. If you're a professor at the University of Hawaii you can put your same sex partner on your gym membership to the university gyms. If you're a professor the University will pay for your same sex partner's moving expenses. So why are they treating students differently? Its arbitrary discrimination," said Brian Chase, Lamda Legal.

With this lawsuit the university will have to prove their commitment to diversity is more than just a bookmark.

The university's spokesman says its lawyers have not had a chance to review the lawsuit and until they do they will not comment on the case.

---