Measure would ban anti-LGBT discrimination in Houston

Charter amendment could also allow DP benefits for city workers

DANIEL WILLIAMS  |  Contributing Writer

HOUSTON — Long-brewing plans to place a city-wide non-discrimination policy before Houston voters became public this week.

Since December a coalition of organizations and leaders have been working to draft a city charter amendment that would make it illegal to discriminate in housing, employment or public accommodations on the basis of  “age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.”

The amendment would also remove anti-LGBT language added to the Houston city charter in 1985 and 2001 — which could allow the City Council to vote to offer health benefits to the domestic partners of municipal employees.

Houston Mayor Annise Parker, who famously became the only out LGBT person elected mayor of a major American city in 2009, has declined to comment on the proposed charter amendment until the language is finalized. She told the Houston Chronicle: “I believe it’s important for the city of Houston to send a signal to the world that we welcome everybody and that we treat everybody equally, and depending on the elements of what was actually in it, I might or might not support it,”

According to Equality Texas Executive Director Dennis Coleman, the prospect of Houston voters approving the non-discrimination amendment has ramifications for efforts to pass similar measures in the state Legislature.

“Nondiscrimination in Houston builds a better case for us when we go for nondiscrimination in Austin,” said Coleman. “To be able to tell representatives that they represent areas that already support these efforts is very helpful.”

The cities of Austin, Dallas and Fort Worth all already have similar nondiscrimination ordinances and offer DP benefits to employees.

But Houston’s form of governance makes this effort unique. While the City Council is empowered to pass city ordinances covering issues of discrimination, they can be overturned by popular vote if those opposing the ordinance collect 20,000 signatures to place the issue on the ballot.

That was the case in 1985 after Houston Mayor Kathy Whitmire pushed through the council the city’s first protections for gay and lesbian Houstonians (no protections were provided for the bisexual or transgender communities).

A coalition of right-wing voters led by Louie Welch, then president of the Houston Chamber of Commerce, was able to place the issue on a city-wide ballot, claiming the policy “promoted the homosexual lifestyle.” The group also recruited a “straight slate” of candidates to run against City Council members who had favored the protections, with Welch running against Whitmire.

The public vote on nondiscrimination was held in June 1985 and Welch’s forces prevailed, but the city’s temperament had changed by the time of the City Council and mayoral races in November. A comment of Welch’s that the solution to the AIDS crisis was to “shoot the queers” was aired on local TV and few in Houston wished to be associated with him after that. The “straight slate” failed to capture a single City Council seat and Whitmire remained mayor, but the defeat of the city’s nondiscrimination policy remained.

By 1998 Houston had changed: Annise Parker was serving as the city’s first out lesbian city council member and Houston boasted the state’s first out gay judge, John Paul Barnich. Mayor Lee Brown, sensing the change, issued an executive order protecting LGBT city employees from employment discrimination. But the city had not changed that much. Councilman Rob Todd led efforts to fight the order in court, arguing that since voters rejected city-wide protections from discrimination in 1985, it was inappropriate for the mayor to institute them without voter approval. The city spent the next three years defending the policy in court, finally emerging victorious.

The joy of that 2001 victory would be shortlived, however. That year Houston’s voters approved another amendment to the city charter, this time prohibiting the city from providing domestic partner benefits for city employees. In a narrow defeat, just over 51 percent of voters decided that the city should not offer competitive benefits.

The current proposed non-discrimination amendment would remove the language added in 1985 and 2001. While it would provide non-discrimination protections it would not require the city to offer benefits of any kind to the spouses of LGBT city employees, leaving that question back in the hands of the City Council.

The organizers of the current effort are confident that this year is the year for victory.

Noel Freeman, the president of the Houston GLBT Political Caucus, which is spearheading the effort, explains that the previous votes occurred in “non-presidential years,”when voter turnout in general is low, and conservative voters make up a larger percentage of the electorate.

Additionally, polling by Equality Texas in 2010 showed that 80 percent of Houstonians support employment protections for gay and lesbian people.

In order to place the non-discrimination amendment on the November ballot the coalition supporting it will need to collect 20,000 signatures of registered Houston voters and submit them to the city clerk. Freeman says that the final charter amendment language is still under consideration and that once it is finalized the group will begin collecting signatures.

Even former Councilman Todd, who once fought the city’s policy of non-discrimination for LGBT employees, supports the current effort.

This article appeared in the Dallas Voice print edition February 17, 2012.

—  Michael Stephens

Annise Parker now co-chair of “Mayors for the Freedom to Marry,” Austin’s Leffingwell joins

Lee Leffingwell

Austin's Mayor Lee Leffingwell

Houstini reported yesterday that Houston’s Mayor Annise Parker was scheduled to appear at the “Mayors for the Freedom to Marry” press conference in Washington D.C., and that she was the only Texas mayor to participate. This morning we found out that Parker, along with New York’s Michael Bloomberg and L.A.’s Antonio Villaraigosa, is serving as co-chair for the effort. Additionally Austin’s Mayor Lee Leffingwell has joined the effort.

So that makes 2 of Texas’ 1,215 mayors with the bravery to stand up for what’s right, leaving the citizens of 1,213 citizens with the task of persuading their mayors. In Dallas Daniel Cates of GetEqual has started an online petition encouraging Mayor Mike Rawlings to sign on which currently has 216 signatories. The Dallas Voice reports that Rawlings claims to personally support marriage equality, despite his unwillingness to join “Mayors for the Freedom to Marry:”

“This one obviously was very difficult for me, because I personally believe in the rights of the gay community to marry,” Rawlings said Thursday… “I think this [same-sex marriage] is way overdue and we need to get on with it, but that’s my personal belief, and when I start to speak on behalf of the city of Dallas … I’ve got to be thoughtful about how I use that office and what I want to impact, and that’s why I decided to stay away from endorsing and signing letters like that.”

Rawlings’ chief of staff, Paula Blackmon, told the Voice “the mayor does not plan to publicly support any social issues but would rather focus on the policy issues that impact Dallas,” adding “we have not signed onto other similar requests.”

—  admin

Chronicle blogger blames ‘It Gets Better” project for LGBT teen suicides

Kathleen McKinley

Kathleen McKinley

Kathy McKinley is a self-described “conservative activist” who blogs for the Houston Chronicle under the monicker “TexasSparkle.” In a recent post McKinley took the “It Gets Better” project to task for what she believes is their culpability in the suicides of LGBT teens:

“These kids were sold a bill of goods by people who thought they were being kind. The “It will get better” campaign just didn’t think it through. They didn’t think about the fact that kids are different from adults. They handle things differently. They react differently. Why? BECAUSE THEY ARE KIDS. You can grumble all day long how unfair it is that straight teens can be straight in high school, and gay kids can’t, but life is unfair. Isn’t the price they are paying too high?? Is it so much to ask them to stand at the door of adulthood before they “come out” publically? Because it may save their life.”

McKinnley’s primary confusion about the “It Gets Better” campaign (other than its name) is the assumption that the goal is to encourage teens to come out of the closet, or encourage them to become sexually active:

“Why in the world would you give teenagers a REASON to tease you? Oh, yes, because the adults tell you to embrace who you are, the only problem? Kids that age are just discovering who they are. They really have no idea yet. The adults tell you to “come out,” when what we should be telling them is that sex is for adults, and there is plenty of time for figuring out that later.”

I would like to encourage Ms. McKinley to watch the “It Gets Better” project’s founder Dan Savages’ video. Please, Ms. McKinley, listen, and tell me if you hear Savage or his partner Terry say anything about teens coming out or having sex. I think what you’ll hear them say is that all of the things that most kids, gay and straight, dream of (falling in love, starting a family, having the support of their parents, co-workers and friends) are possible for LGBT teens. I think you’ll hear them talk about how difficult their teen years were, and about the fears they had that their parents would reject them, that they’d never find success and that they’d always be alone.

Choosing to have sex is one of the most personal decision a person will ever make. For LGBT people, choosing to come out is another. I have not watched all of the thousands of videos from people who have participated in the “It Gets Better” project. It’s possible that there are a few that tell kids to come out right away, or to become sexually active, but I doubt it.

Every video in the project that I have seen has had the same simple message: that the person making it understands how tortuously awful the experience of being Lesbian, Gay, Bisexual or Transgender in Junior and High School can be, but there is a wonderful world of loving, vibrant, successful, engaged LGBT adults out there and if queer teens can just hang on, just for a few years, they can join it. I doubt that any of the contributors to the project think that hanging on for a few years will be easy. I suspect that most of them remember, with excruciating clarity, contemplating ending those temporary years of terror with a permanent solution and that is why they choose to reach out.

I grew up without role models, where people like Barbara Gittings, Bayard Rustin and Harvey Milk didn’t exist . I grew up in a small town where the two men with the pink house were talked about in hushed tones that immediately fell silent when I walked into the room, because it wasn’t appropriate for children’s ears. I grew up in a world where my mother wouldn’t tell me what “gay” meant, where the evening news was turned off if it reported on the AIDS crisis, where I wasn’t given words to describe who I was, and so the only word I could find was “alone.”

I was lucky. My suicide attempt failed.

I was lucky, I survived, and went to college, and found a church that embraced and loved LGBT people. That’s where I met doctors and lawyers and business owners and teachers who were like me. That’s where I met two wonderful women who had built a life together for over 50 years. That’s where I discovered I wasn’t alone and that being gay didn’t mean that i couldn’t have all of those things I’d dreamed of.

That is what McKinley missed in her blog post. In her haste to lay blame on anything other than the overwhelming prejudice perpetuated by schools, churches and governments against LGBT people McKinley missed the fact that kids need role models. In her rush to shove queer teens back into the closet she forgot that human beings need the hope of a better world, lest they give up in despair.

McKinley got one thing right in her post. She titled it “Are Adults Also To Blame For Gay Teen Suicides? Yes.” Adults are to blame for LGBT teen suicides. When adults hide the stunning diversity of God’s creation from their children they create a vision of reality that some of those children can’t see themselves in. When adults tell LGBT teens that they should be invisible then it is all too clear who is to blame when those teens believe them, and take steps to make themselves invisible permanently.

To all the LGBT kids out there: it does get better. There are adults who care about you and want all the wonderful things you dream of to come true, but you have to hang on. If you need to keep who are secret to remain safe then do so. If you need someone to talk to please call the Trevor Project at 866-4-U-Trevor (866-488-7386).

—  admin

The Tiger Lillies at Wortham Center

The Tiger Lillies

The Tiger Lillies

London-based band The Tiger Lillies are one of those groups it’s impossible to describe to someone who’s never experienced them. Their unique brand of concert/performance art takes elements of Wiemar Republic caberet, Bertolt Brecht, opera, Jacques Brel and your worst childhood nightmares and mixes them a soupcon of postmodern absurdism to cook up the kind of theater that Sally Bowles and the Kit Kat girls would be making, were they still around, all with a decidedly queer twist.

The Tiger Lillies bring their uniquely anarchistic sights and sounds to Wortham Center’s Cullen Theater, (501 Texas Avenue) Friday, November 4, at 8 pm. The show is co-presented by Society for the Performing Arts and DiverseWorks. This American Leg of their “Gutter’s and Stars Tour” features fan favorites and some new material.

Founded in 1989, the Tiger Lillies worked their way up from London pubs to the Piccadilly Theatre, finally achieving cult status with their masterpiece, the musical “Shockheaded Peter,” a series of grisly fairy tales adapted from the 19th century German book “Struwwelpeter,” in which all of the children die at the end.

—  admin

Banks Appointed to Citizen Police Oversight Board

Kris Banks

Kris Banks

On Wednesday the Houston City Council confirmed Mayor Annise Parker’s appointment of Former Houston GLBT Political Caucus President Kris Banks to the Independent Police Oversight Board.  The Oversight Board provides a way for Houstonians to have input into allegations against police officers involving use of excessive force, discharge of firearms, serious bodily injury or death or mistreatment of citizens.  The Board also makes recommendations on recruitment, training and evaluation of police officers; and considers community concerns regarding the Department.  Houstini talked with Banks about his new role:

[Houstini] Why have you agreed to serve on the Oversight Board?

[Banks] I believe the Oversight Board performs an important and vital function that benefits all involved. Police officers are granted extraordinary powers over their fellow Houstonians. They can, under legally sufficient circumstances, detain people against their will, walk into other people’s homes without their permission, and even use physical force to make people comply. We grant police officers these powers because they are necessary for the officers to do their jobs. However, with these great powers come great responsibility, and the Oversight Board exists as a check on those powers, thereby protecting the public against the very rare officer who uses her or his powers irresponsibility or excessively. It also benefits the police department. With the assurance that the Board is providing oversight, members of the public can be more confident of the police department, and form a better working relationship with officers.

[Houstini] What do LGBT Houstonians who have concerns about police behavior need to know about the mission of the Oversight Board?

[Banks] Historically, the LGBT community has had concerns about very broad and obvious police harassment, like bar raids. Incidents like these still occur (see Rainbow Lounge in Fort Worth), but they tend to not be the focus of issues that exists between the LGBT community and the police department. Concerns between the community and the police department now tend to be over specific incidents that sometimes come to light and sometimes do not. That being said, the IPOB will review internal police investigations for complaints of excessive force, any discharge of a firearm, any time there is a death or serious injury, or any matter the police chief refers to us. We make recommendations, and the chief has ultimate discretion. What I want to highlight here is that a complaint has to be made for the IPOB to have any role. Complaints have to be sworn, either by the complainant, or, if the complaint is anonymous, by the person taking the complaint.

LGBT Houstonians should also know that I take my role as a community representative very seriously. I will not only take my perspective as an LGBT Houstonian to the police department, I will also take the knowledge I gain back of police procedure back to the community. For instance, I mentioned anonymous complaints above. In the training I have received so far, I learned that organizations can be deputized to take anonymous complaints (LULAC and the NAACP are both deputized). Anonymous complaints are, unfortunately, a big concern for our community. Whether because our congress has failed to pass job protections, family concerns, or any other personal reason, there are still many, many people in the closet. But being in the closet does not mean that a person is not protected. I will learn more about the deputizing community groups and take that back to organizations in our community like the Caucus, Community Center and Transgender Foundation so they can begin that process (as a caveat, I do not have a full list of deputized organizations and any of these organizations may already be deputized).

—  admin

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

UPDATE: Police release description of missing vehicle belonging to NE Dallas murder victim

Earlier we told you about the two men found dead in a burned Northeast Dallas apartment. Police are still not releasing the victims’ names because their bodies were so badly damaged in the fire that they’re waiting on the medical examiner to positively identify them. However, police have now released a description of the vehicle belonging to one of the victims, which is apparently missing. The vehicle is a silver, four-door 2002 Saturn L200, with a license number of 5CVDN. If you see it, call 911.

Again, police have confirmed that they believe the two victims were a gay couple, but they aren’t treating the murders as a hate crime. Police also say they don’t know the motive for the crime, prompting some to question how a hate crime can be ruled out. We posed this question to DPD Sr. Cpl. Kevin Janse:

“Detectives will not elaborate at this time,” Janse told Instant Tea. “It may hamper the investigation.”

—  John Wright

Christianist Groups Join Forces: Don’t Believe Lies Of The Environmentalists

“Environmentalism is deadly to the gospel of Jesus Christ.”

(Via – Right Wing Watch)

Joe. My. God.

—  admin

She Can’t Believe It’s Buenos Aires’ 19th Gay Pride Parade Either

THE SHOT — An estimated 100,000 people flooded the streets of Buenos Aires on Saturday, with much gay pride to celebrate: This summer Argentina became South America's first country to legalize gay marriage.


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Queerty

—  admin