We believe that requiring greater documentation for same sex couples than is required for heterosexual couples could be considered discriminatory, just as requiring different documentation or charging different fees for unmarried couples than for married couples would be considered discriminatory. The Regulation B Official Staff Commentary uses differing documentation standards as evidence of disparate treatment: “Disparate treatment would exist . . . [where a] creditor requires a minority applicant to provide greater documentation to obtain a loan than a similarly situated nonminority applicant.” Comment 2(C), Official Staff Commentary, 12 CFR 1002.4. However, note that while marital status is a prohibited basis for discrimination under Regulation B, sexual orientation is not. 12 CFR 1002.2(z). However, even if same sex couples are not technically protected by Regulation B, the bank should still consider the UDAAP and reputational risks of imposing different requirements on different applicants.