DCCCD: No protections for gender identity

Community college district officials say trans people are already covered under sexual orientation; RCD encourages supporters to contact board members

Rafael_McDonnell

Rafael McDonnell

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com

Resource Center Dallas is calling on LGBT equality advocates and allies to contact Dallas County Community College District officials and ask them to schedule a vote during the DCCCD board’s Dec. 6 meeting on adding protections based on gender identity to the district’s nondiscrimination policies.

RCD Communications and Advocacy Manager Rafael McDonnell said the center decided to issue the call this week after district board members said they would not vote to add gender identity to the policy. DCCD’s legal counsel, Robert J. Young, notified McDonnell of the decision in a letter on Monday, Nov. 7.

McDonnell had been in contact with DCCCD board and staff since spring, encouraging them to add gender identity and expression to the community college district’s nondiscrimination policy. Sexual orientation is already included.

In his letter, Young wrote that the board does not believe it is necessary to change the district’s nondiscrimination policy because “gender identity” is included under “sexual orientation,” and because the city of Dallas ordinances include transgender protections.

“Since our current non-discrimination policy states that it protects ‘any other category protected by law,’ it is clear that ‘gender identity’ is already covered by virtue of the city of Dallas ordinance, which prohibits discrimination in employment based on sexual orientation (defined by the city to include gender identity),” he wrote.

DCCCD’s headquarters building is on South Lamar Street, in The Cedars section of Dallas. Two campuses — El Centro College and Mountain View College — and three branch campuses are also in the city.

But five of the seven DCCCD colleges and three branch campuses are in suburban cities not covered by any city of Dallas ordinance. Richland College, the school with the largest enrollment, is in Richardson.

According to DCCCD District Director of Media Relations Ann Hatch, if someone were to file a complaint, that complaint would be filed with the district in the city of Dallas. She said that the district complies with city of Dallas ordinances.

The city ordinance, however, specifically excludes any governmental body — which would include DCCCD — from the nondiscrimination policy.

Gender identity is included in the city definition of sexual orientation. When the ordinance was passed, then-Mayor Laura Miller had the definition expanded to include gender identity rather than delaying the vote with a discussion of transgender issues.

In 2002, when the ordinance passed, it was more common to include gender identity and expression in the definition of sexual orientation. Today, these categories are usually listed separately in policies seeking to prohibit all forms of discrimination.

In an email, Hatch said that Young realized his reference to the city ordinance was incorrect.

“However, the DCCCD Board of Trustees does not believe that it is necessary to change the district’s nondiscrimination policy, which does include sexual orientation,” Hatch wrote. “If someone at any of our colleges and locations should choose to file a complaint concerning gender identity, that person could reference sexual orientation, which is among the categories listed in our nondiscrimination policy.”

McDonnell provided the DCCCD board with written policies of other governmental bodies including the cities of Dallas and Fort Worth, Dallas Area Rapid Transit, DFW International Airport and Dallas County. All include gender identity. Dallas County also includes gender expression.

Only the city of Dallas policy places gender identity into its definition of sexual orientation.

“Sexual orientation and gender identity are two different things, which was spelled out to them in our initial meetings during the summer and they are willfully choosing to ignore it,” said McDonnell.

He said that DCCCD’s inclusion of gender identity under sexual orientation was using wording that is 10 years old.

But from the letter, there is a clear message of no intention to discriminate.

In his letter to McDonnell, Young said the district is a “welcoming place for all its employees and a good place to work,” and cited anecdotal evidence to back up the claim. He said that a long-term employee transitioned while on the job and felt positive about the help and support she received.

But McDonnell insisted that isn’t enough.

“If they don’t discriminate, he needs to say it in a policy,” McDonnell said. “It’s not good enough to say it in a letter.”

When the district is taken as a whole, DCCCD is the largest college in Texas with 72,000 students and 7,200 full- and part-time faculty, staff and administrators. The school is spread across Dallas County on seven main campuses and six community branches.

Texas has 55 community colleges or community college districts. Only six of those include sexual orientation in their nondiscrimination policies.

Pasedena-based San Jacinto College, with three campuses east of Houston, is the only two-year school in Texas to offer protection that specifies gender identity and expression.

This article appeared in the Dallas Voice print edition November 11, 2011.

—  Kevin Thomas

Unconstitutional ‘homosexual conduct’ law to remain on Texas books for another 2 years

In his legislative column on Friday, Daniel Williams mentioned that midnight today is the deadline for House committees to vote on bills that originated in the House. Which means that, assuming they aren’t voted out of committee today, several pro-equality bills will die. As Williams details on his own blog today, those bills include measures that would remove Texas’ unconstitutional “homosexual conduct” law from the books, add gender identity/expression to the state’s hate crimes law, and prohibit anti-LGBT discrimination in employment and insurance.

With a Republican supermajority in the House, no one really expected any of these bills to pass going into the session. So the fact that some of them even received committee hearings is a victory. And the good news is, a few anti-gay measures are slated to die along them, including one that would make it easier for the attorney general to block same-sex divorces, and the House version of a bill that would effectively bar transgender people from marrying people of the opposite sex. (It should be noted that the Senate version of the transgender marriage ban is still alive.)

Of course, there is always a risk that these or other anti-LGBT measures will be tacked on to other bills as amendments, but here’s hoping the Legislature is too busy from here on out with the budget and redistricting.

Speaking of the budget, last week we reported that the Senate’s version includes $19.2 million requested by the Texas HIV Medication Program to serve 3,000 anticipated new clients over the next two years. The House version of the budget left out this money, meaning low-income people with HIV/AIDS could be denied life-sustaining drugs. It’s now be up to a House-Senate conference committee to resolve the issue. On that note, the Campaign to End AIDS will hold a rally Friday at the Texas Capitol. For more info or to RSVP for the rally, contact Michelle Anderson at heavenly_gates_777@yahoo.com.

—  John Wright

What’s Brewing: More anti-gay hatred from Dan Ramos; Kurt and Blaine finally kiss on ‘Glee’

Your weekday morning blend from Instant Tea:

1. Dan Ramos, the Bexar County Democratic Party chairman who last week compared gays to “termites” and the Stonewall Democrats to the “Nazi Party,” followed up those statements Tuesday with another hate-filled rant in the San Antonio Current. This time, Ramos said homosexuality is “not natural” and compared it to being born with a polio leg. Ramos also said he’s glad gay couples in Texas can’t adopt children, which further shows what an idiot he is since the state has no ban on gay adoption. Here’s an excerpt:

Ramos frequently suggests that anti-Hispanic racism is to blame for the division that has been on display at past party meetings. When asked if race or sexual orientation were more a cause of concern for him, Ramos responded: “I go back to an old very well-used slogan: blacks wanted to get their way because they were black. What it is, is we have a very, very sinister movement in which you don’t know, at the end of the day, you didn’t even know that your next door buddy, your bosom fishing buddy was gay. That, I guess, goes to my belief in the religious thing. Look: this is not natural. This is like a kid who was born with a polio leg, you can’t kill him and you can’t sweep him under the rug. … I’m glad that Texas has not yet come to where gays can adopt children … because the poor kids have already come from a troubled family and then to be ‘hey, how come my momma is my daddy type of deal.’ It’s not natural.”

2. Kurt and Blaine finally kissed on Glee last night, and it was well worth the wait because we’re not talking about just a peck. Watch the scene below, at least until the video gets yanked from YouTube.

3. The City Council in Ogden, Utah, where I lived for about a year and covered City Hall for the daily newspaper, on Tuesday night unanimously approved ordinances prohibiting anti-LGBT discrimination in employment and housing. Ogden Mayor Matthew Godfrey, who happens to be a complete jerk, had threatened to veto the ordinances until they were revised so they could pass with veto-proof majorities. Hey, Mayor Matt, kiss my white gay ass. No wait don’t, you’d probably like that too much. Also, a quick shout out to those who’ll be celebrating at the city’s only gay bar, the Brass Rail.

UPDATE: Some sad news to report: I’ve learned that the Brass Rail in Ogden has closed. I wouldn’t be surprised if Godfrey somehow conspired to put the bar out of business.

—  John Wright

No marriage vote in Maryland House today; Maryland delegate comes out as gay

Although some had expected the Maryland House of Delegates to vote today on a bill legalizing same-sex marriage in that state, The Washington Blade is reporting that the vote won’t be happening today. However, a committee hearing on a measure to prohibit discrimination in employment and housing based on gender identity is scheduled to begin at 1 p.m. today.

According to the Blade, the House has adjourned for the day, but not before supporters of the measure were able to kill four hostile amendments that would have weakened the bill or killed it outright.

One of the amendments would have allowed religious institutions to refuse to allow same-sex parents to adopt (defeated by those who pointed out it had nothing to do with marriage), while a second would have renamed the bill the Same-Sex Marriage Act.

A third amendment would have changed the measure into a constitutional amendment, thus forcing it back into committee where it would have died; and the fourth amendment would have allowed parents to take their children out of public school health classes including information on same-sex marriage and would have allowed teachers in public schools to refuse to include such information in their classroom curricula.

The House is set to reconvene at 10 a.m. Thursday morning.

Del. Peter Murphy of Maryland, left, and former Texas state Rep. Glen Maxey

In other news out of the Maryland House, also from the Blade, Democratic Delegate Peter Murphy on Tuesday night publicly acknowledged that he is gay. Murphy, a divorced father of two with grandchildren, said that his family and colleagues have known he is gay for years, and that he has never denied his sexuality orientation. “I just presumed people knew,” he told the Washington LGBT paper.

Murphy’s announcement brings the total of openly LGBT Maryland delegates to seven. The state also has one openly gay senator.

Texas, by the way, has had only one openly LGBT state lawmaker, and that was Glen Maxey who has been out of office since 2003. Maxey was first elected in 1991 to represent the Austin-area district that had previously been represented by Lena Guerrero. Before running for the House, Maxey was the first executive director of the Lesbian/Gay Rights Lobby of Texas (now known as Equality Texas), and since leaving public office, he has worked as a lobbyist and campaign consultant. He ran for Travis County tax assessor-collector in 2007, but lost the Democratic Primary to incumbent Nelda Wells Spears.

—  admin

Activists gather from across Texas to lobby for anti-bullying legislation and more

David and Amy Truong (standing, center) lobbied with 350 LGBT activists and allies from across the state in Austin

About 350 people gathered to lobby for anti-bullying legislation among other bills that would benefit the LGBT community. Among those at lobby day were David and Amy Truong, parents of Asher Brown who committed suicide in September, and Fort Worth City Councilman Joel Burns.

The day was organized by Equality Texas along with 58 partner organizations from across the state. From Dallas Youth First Texas, Resource Center Dallas, Hope for Peace and Justice and the North Texas GLBT Chamber of Commerce were among the participating organizations.

Not all of the partners were specifically LGBT groups. Atticus Circle is a group founded in 2004 as a place for straight allies to organize for LGBT family rights.

First United Methodist Church on Lavaca Street across from the Capitol hosted Equality Texas for breakfast, a lobby day training session and lunch.

At a press conference on the Capitol steps, Rep. Garnet Coleman of Houston announced that he refiled his anti-bullying bill as Asher’s Law. State Rep. Mike Villarreal of San Antonio spoke about his Freedom from Workplace Discrimination Act, which would ban discrimination in employment based on sexual orientation and gender identity or expression.

The Truongs spoke about stopping bullying. Amy Truong said that no parent should go to work in the morning and come home to find police tape around their house. Along with Burns, they met legislators who are key to moving the bills through the House and Senate.

—  David Taffet

Resource Center Dallas calls for investigation of city’s handling of gay discrimination complaints

Resource Center Dallas is calling on the city to investigate whether the intent of its ordinance prohibiting anti-LGBT discrimination is being honored.

In a letter today to three city council members, Resource Center’s Rafael McDonnell points to Dallas Voice reports saying that in the nine years since the ordinance was passed, more than 40 complaints have been filed, but none has ever been prosecuted.

McDonnell’s letter to Councilwomen Angela Hunt, Delia Jasso and Pauline Medrano was triggered by reports on this blog last week about anti-gay discrimination by the Baylor Tom Landry Fitness Center, which has repeatedly refused to sell family memberships to same-sex couples.

The city ordinance, passed in 2002, prohibits discrimination based on sexual orientation in employment, housing and public accommodations. Gender identity is included in the definition of sexual orientation under the ordinance. Each violation of the ordinance is punishable by a maximum $500 fine.

A Dallas Voice investigation in 2008 concluded that at the time, 33 complaints had been filed under the ordinance. In 22 of those cases, the City Attorney’s Office determined that there was no cause to prosecute.

Of the other 11 cases, three were successfully resolved through mediation; three people withdrew their complaints after signing statements indicating that defendants had taken actions necessary to address their concerns; five complaints were found to be nonjurisdictional, meaning the incidents occurred outside city limits or defendants were exempt from the ordinance; and in one case the party filing the complaint couldn’t be located.

Here’s the full text of McDonnell’s letter:

Dear Councilmembers Jasso, Medrano and Hunt,

As you three know, Dallas is one of a handful of cities in Texas that includes sexual orientation and gender identity in its non-discrimination policy. Resource Center Dallas is proud to be in a city offering such protections. We assume that you, like us, are disturbed by last week’s stories on the Dallas Voice’s blog.

The Voice reported that a gay couple who recently moved to Dallas sought to join Baylor’s Tom Landry Center under the family membership program. The couple was advised that Baylor only offers family members to people who are married as defined by Texas law. There is no same-gender alternative, which, to us, is monetized discrimination.

The Voice’s blog also reported that since the ordinance became law in 2002, more than 40 complaints have been filed. Yet, shockingly, the City has not prosecuted one of those complaints. Is this correct? Are complaints being resolved through mediation, settlements, or are the lesbian, gay, bisexual and transgender people filing these grievances walking away empty-handed?

We write to ask for your help. We would like for you to call for an investigation of whether or not the intention of the ordinance is being honored. As we know you will agree, enacting an ordinance is only the first step in addressing discriminatory practices. The critical second step is its enforcement. From the Voice’s reporting, it sounds like the ordinance we all worked so hard to put in place may not be as effective as we thought.

Sincerely,

Rafael McDonnell
Strategic Communications and Programs Manager, Resource Center Dallas

—  John Wright

Anti-gay protesters pack Fort Worth City Council chamber

Opponents of city’s diversity initiatives speaking during council meeting, even though issue wasn’t on the agenda

Tammye Nash  |  Senior Editor nash@dallasvoice.com

FORT WORTH — A crowd of about 200 people opposing recent diversity initiatives implemented by the city of Fort Worth packed Cowtown’s City Council chambers on Tuesday, July 13, even though nothing related to the initiatives was on the council’s agenda.

Five individuals representing the opponents spoke during the portion of the meeting allotted for citizen comments, while four representatives from Fairness Fort Worth spoke in support of the city’s efforts to improve relations with its LGBT community.

The diversity initiatives grew out of recommendations forwarded to the council by the City Manager’s Diversity Task Force and approved by City Manager Dale Fisler late last year. The task force — comprising 16 city employees and 16 LGBT community representatives, all appointed by Fisler — was formed last summer in the wake of the June 28 raid on the Rainbow Lounge by officers with the Fort Worth Police Department and agents of the Texas Alcoholic Beverage Commission.

The recommendations suggested by the task force included improved diversity training for all city employees, domestic partner benefits for gay and lesbian city employees, coverage of gender reassignment surgery for transgender employees in transition, promoting the city as a destination for LGBT tourism, and lobbying for passage of state and federal laws banning anti-LGBT discrimination in employment.

The task force also recommended that the council amend the city’s nondiscrimination ordinance to specifically prohibit discrimination based on gender identity.

Most of the recommendations involved procedural changes that could be implemented by the city manager without a vote by the council.

The council did vote, 6-3, on Nov. 11 last year to add specific gender identity protections to the nondiscrimination ordinance.

The vote came after a marathon hearing during which numerous people spoke in favor of and against the amendment.

However city staff are still studying the feasibility of offering domestic partner benefits and adding coverage for gender reassignment surgery.

A spokesman in the office of Fort Worth Mayor Mike Moncrief said this week that the resurgence of opposition may have been tied to the one-year anniversary of the Rainbow Lounge raid. This week’s meeting was the council’s first since the June 28 anniversary date.

But Thomas Anable, president of Fairness Fort Worth, said his organization believes Diversity Task Force opponents had intended to speak during time set aside for public comments on the proposed budget for the city’s Crime Control and Prevention District budget. That budget includes funds to pay for diversity training for police officers and for officer recruitment efforts within the LGBT community, he said.

However, the council voted to delay the public hearing on that budget for two weeks.

“They were there because they felt like they got shut out of the process [of the Diversity Task Force] last year,” Anable, who was a member of the task force, said on Wednesday, after the council meeting. “Every meeting that the task force had was open to the public, and nobody showed up.”

Anable said he believes the move to bring the opponents to the Tuesday night council meeting this week was led by Richard Clough, a failed candidate for Tarrant County judge who is an associate minister with Kenneth Copeland Ministries.

“They said last November when the task force’s report was presented to the council, and when the council voted on the transgender ordinance, they said then that they had been left out and that they would be back,” Anable said. “I think, with the CCPD budget on the agenda this week, they saw an opportunity to try and make a sneak attack.”

Anable said Fairness Fort Worth learned on Monday of e-mails that had been circulated over the weekend among conservative and evangelical Christian churches, calling on evangelical Christians to pack the council chambers at Tuesday’s meeting.

But instead of sending out a calling for the LGBT community and its allies to attend also, Anable said his organization chose to organize a small, but visible, contingent to attend as a show of support for the city’s initiatives, with specific community leaders signing up to speak.

“We didn’t want a big catfight,” Anable said.

“We just wanted to have people there to show support, with just a few speaking. We wanted to give a calm and dignified response.”

Anable said after the meeting he feels confident that the city council will not reverse the progress it has made so far on diversity issues — a confidence that was reinforced by Mayor Mike Moncrief’s statements both before and after the citizen comment session.

Moncrief opened the comment session with an admonition to both sides to “be respectful” and with a pledge that the city would not go backward.

“I am very pleased with the progress we have had to date,” the mayor said. It has certainly reflected the diversity of our city. And it reflects this city’s belief that no one should be discriminated against, no matter who they are. And that is not going to change.

That is important for all of us, whether its an ordinance or not, that should be an ordinance in life. No one should be discriminated against.”

The five men who spoke against the Diversity Task Force and the city’s diversity initiatives all criticized city officials for “promoting a homosexual agenda” against the wishes of what they said is a majority of the city’s residents.

Clough, who stood at the podium flanked by supporters wearing paper badges printed with the word “Truth,” began by accusing Mayor Mike Moncrief and the council of “intentionally hiding the implementation of a homosexual agenda.”

The accusation prompted an angry rebuttal for the mayor, who threatened to have Clough removed from the council chambers if he continued with “personal attacks.”

The two men argued briefly, with Clough continuing to speak over the mayor’s admonishments and with Moncrief at one point turning off the microphone at the podium where Clough stood.

“We have a way of doing business here, and that is not to come in here and personally attack anybody. We don’t attack you, nor does anyone on our staff. We don’t expect you to come in here and attack us,” Moncrief said. “If you want to talk about the diversity task force, that is all well and good. But don’t expect to come in here and get away with personal attacks.”

When Moncrief allowed Clough to continue, the minister accused the mayor of refusing to meet with him, although some council members had met with him. Clough said that “every voice was not heard” on the Diversity Task Force’s recommendations, adding that the council was going against the wishes of the majority of the city’s citizens who had, he said, voted against same-sex marriage in 2004 by a 77 percent majority.

He criticized the city for spending money to send lobbyists to Washington, D.C., to promote passage of the Employment Non-Discrimination Act, and for promoting the city as a destination for LGBT tourism.

“Who are you promoting it to? Queer liberation [possibly a reference to the now-defunct direct action group Queer LiberAction]? To NAMBLA — the North American Man-Boy Love Association? Or are you just promoting it to the gay chambers?” Clough said.

Clough also criticized the addition of gender identity to the city’s nondiscrimination ordinance, suggesting that council members “ask the ladies do they want a man who suffers from gender identity disorder coming in on them in the bathroom. … If they gays want to promote something, let them spend their own money to promote it.”

Clough said the city “has no business promoting the homosexual lifestyle, just like it has no business promoting the heterosexual lifestyle.”

He said that while the city should “stand against hatred or discrimination or abuse of any kind,” the media and the LGBT community have “distorted the facts” surrounding the Rainbow Lounge raid and are using that to “promote the homosexual agenda.”

“Homosexuality can be divisive. That’s not my intent,” Clough said. “My intent is to have all voices heard and find a solution that is best for all.”

Robert Hayes said the city’s leadership “should serve the people of the city, serve the masses, and not cater to the wishes of the few.” He said that the raid at the Rainbow Lounge was a situation that should have been investigated by police department officials, and “not a situation to make sweeping changes in the city.”

“Do we set up a task force if we find the city has an unusually large number of employees coming down with the flu? Do we set one up to discuss who can live in what area of town? Then my question is, why did we set up a task force for diversity when it appears we only had a question of the use of force and the appropriate degree of force that was used?” Hayes said.

The Rev. Perfeto Esquibel, pastor of Christian Worship Center of Fort Worth, complained that the task force “seems to be made up of only one certain interest group rather than a combination of people with different opinions about gay civil rights.”

Esquibel also said it is “a slap in the face” to racial and ethnic minorities to call LGBT people a minority. He said the task force and the city’s diversity initiatives are part of a “gay rights agenda” being pushed by a “minute” number of people, and that most Fort Worth residents are Christians who believe that “the Bible is the word of God, and it’s what the Constitution and the Bill of Rights are based on.”

John Carlson, a Fort Worth businessman and husband of Texas Eagle Forum President Pat Carlson, told the council he believed it was irresponsible to spend city dollars on diversity initiatives when the city is facing a budget shortfall.

“This diversity will expand benefits and increase spending. Taxpayers do not want increased spending or taxes,” Carlson said.

He said that as a businessman who provides insurance to his employees, he knows that health insurance costs increase every year. Providing coverage to the domestic partners of gay and lesbian city employees would increase the city’s costs, he said, because gays and lesbians engage in ‘undeniably risky behavior. … If that lifestyle were a pack of cigarettes, it would require a surgeon general’s warning.”

Carlson said, “If you insure domestic partners, what if they have more than one partner? … Why not insure boyfriends or girlfriends? … Where does this coverage end? It just goes on.”

Scott Graham, who described himself as a businessman and former police officer, said he had conducted his own investigation into the Rainbow Lounge raid.

He repeated allegations that patrons in the bar that night sexually harassed and groped officers (those allegations were found to be either false or grossly exaggerated during official investigations), and accused witnesses and LGBT community leaders of “gross misrepresentations” of the raid and of “mak[ing] things up as they went along.”

Graham said, “Government was created by God to protect His definition of family,” and then asked for — and received — permission to “pray and speak a blessing over our city.”

The Rev. Carol West, pastor of Celebration Community Church, was the first of four speakers to speak in support of the Diversity Task Force and its recommendations. Noting that she is a member of Fairness Fort Worth and one of the people who leads the city’s new diversity training, West said that the training makes clear that it’s purpose is not to address religious issues or question anyone’s religious beliefs.

The training, she said, is designed to give “a perspective of the GLBT community. … Is there a homosexual agenda? I have heard a lot of talk about it, and you [task force opponents] talk a lot more about it than we [LGBT people] ever do.

“We teach that everyone is your customer. We say treat everyone with respect. Treat people with dignity. We teach about not demeaning people, not making people unwanted,” West said. “If that is a homosexual agenda, then it needs to be spread around.”

Steve Dutton, a task force member, and Lisa Thomas, a member of the task force, the city’s Human Rights Commission and Fairness Fort Worth, also spoke during the council meeting. But said the diveristy initiatives are a question of equal treatment, not religious beliefs.

To close the public comment session, Moncrief said he believes there is “respect in this city. There is room for all of us.

“We are trying to work through something very difficult. We weren’t pleased to be in the national spotlight for what happened or didn’t happen. But it was and is up to us to find out what happened. Obviously, somebody did something. TABC certainly felt somebody did something they shouldn’t have, because they fired the two agents that were involved.”

He added, “Don’t feel like we were not listening, because we were. We are. I hope you all feel like you have been heard tonight. … What’s in the Bible or what isn’t in the Bible, that’s not our job. Our job is to maintain the quality of life in our city, and that’s what this [diversity] training is all about.”

……..

To watch complete video of the Fort Worth City Council meeting, go online to FortWorthGov.org.

—  Kevin Thomas