Trans activists speak at Commissioners Court

NOT THE SAME | Transgender activist Kelli Ann Busey addresses the Dallas County Commissioners Court, asking that specific protections for trans employees be added to the county’s policy. (David Taffet/Dallas Voice)

LGBT advocates urge Commissioners Court to add protections for transgender Dallas County employees to nondiscrimination ordinance

DAVID TAFFET | Staff Writer
taffet@dallasvoice.com

Three members of the LGBT community spoke Tuesday morning, April 5, during the Dallas County Commissioners Court’s regular meeting, calling on the court to add protections for transgender employees to the county’s nondiscrimination policy.

Transgender activist Kelli Ann Busey commended the court for adding sexual orientation to the policy covering the county’s 7,000 employees a few weeks ago. But she said the court did not go far enough with that effort.

“Transgender people are not the same as gay people,” Busey said. “We need to be protected differently.”

Busey said many transgender people are homeless after transitioning, often because of discrimination against them in the workplace.

“Without workplace protections, we cannot live up to our potential,” she said.

Dave Guy-Gainer spoke on behalf of Equality Texas. He told the commissioners about a poll conducted by Glengariff Group that sampled registered voters in Texas on 12 rights as they pertain to the LGBT community.

“According to the poll, 70 percent of all Texas voters support prohibiting employment and housing discrimination for transgender citizens,” he said.

Gainer said that over the past three election cycles, Dallas County has voted for progressive government. He called Dallas County a leader for other jurisdictions across the area as well as nationally.

Pam Curry, who is transgender, told the court she is a former part-time Dallas County employee.

“I was bothered when the non-discrimination policy was passed and I was not included,” Curry said, going on to explain the difference between sexual orientation and gender identity.

“I urge the court to move quickly to correct the oversight,” she said.

Rafael McDonnell, strategic communications and programs manager for Resource Center Dallas, spoke at the Commissioners Court meeting the previous week and by the court’s rules is barred from speaking again for a month. But McDonnell promised to keep the issue before the court by lining up speakers for each weekly meeting.

McDonnell also forwarded to Dallas Voice a copy of an email he received from County Judge Clay Jenkins.

“I believe in equality for all,” Jenkins wrote to McDonnell. “The new non-discrimination language was formulated by the county’s human resources department at my request and was intended to prohibit discrimination against anyone. Our HR director informs me that her interpretation of sexual orientation includes gender identity and gender expression.  Therefore, under our current policy, discrimination will not be tolerated.

“Many people share your concern that the policy needs to be changed to specifically state that gender identity and expression are included. I have requested an opinion from the District Attorney’s office about adding identity language to the county code and its overall impact; the first step in a proposed change,” Jenkins wrote.

“The vote that passed last month is a positive step, which I consider a victory, and I am asking for your faith and patience as the process moves forward,” Jenkins added.

On Monday, April 4, Stonewall Democrats of Dallas unanimously passed a resolution calling on the Commissioners Court to add transgender protections, according to President Omar Narvaez.

The resolution pointed out that “comprehensive nondiscrimination policies, including sexual orientation and gender identity/expression, decrease costs for employers, decrease regrettable loss, raise productivity, and increase recruiting efficiency,” and “will serve to further the goals of economic development, marketplace competition, and improved quality of life.”

Staff writer John Wright contributed to this report.

This article appeared in the Dallas Voice print edition April 8, 2011.

—  John Wright

COVER STORY: Straight in a gay world

Mitchell, Bengston, Hershner, Giles are just some of the non-gays who have found careers, friends and family within the LGBT community

ARNOLD WAYNE JONES | Life+Style Editor
jones@dallasvoice.com

Stephen Mitchell has the world’s worst gaydar. And he has the story to prove it.

Mitchell, 24, started playing rugby when he was working in Antarctica three years ago. “I fell in love with the sport and every city I move to, I try to join a club,” he said. When he wound up in Dallas, he Googled local rugby teams. The Dallas Diablos’ site promoted a non-discrimination policy and welcoming attitude that Mitchell liked.

“The Diablos were one of three teams that practiced closest to me, but you wanna show up and feel you fit in well,” he said. “I thought, that sounds like an awesome group of people!”

After attending two practices, he felt accepted and comfortable.

But Mitchell must not have read the website too thoroughly. It wasn’t until about a week on the team, after his first game, that he realized most of the members were gay.

PLAYING  FOR OUR TEAM | Stephen ‘Cougar’ Mitchell, lower right, is one of several straight members of the predominantly gay Dallas Diablos Rugby Football Club. (Arnold Wayne Jones/Dallas Voice)

“With rugby, on the field it doesn’t matter whether you’re young, old, your orientation, race — you’re there to have fun. Then we had [my] first team dinner, we were drinking and having fun and after I while I noticed a couple guys were sitting real close to each other. Then they started holding hands. I said, ‘Ummm, are you guys gay?’ I hadn’t noticed anything. But when they get drunk, the queen comes out.”

Mitchell, who goes by Cougar to his teammates, has been a hooker for the Diablos for a year and a half now, and although he’s straight, he loves being on the team.

“We’re a good, strong bunch of guys, but our club is more socially focused instead of athletically focused. We’re more about being a family,” he said.

He’s hardly the token straight guy. As much as 20 percent of the Diablos male members, including the team captain, are straight. In a society fast changing its views on homosexuality, finding straight people intimately involved in the gay community has become far more common.

Chris Bengston, who became part of the gay community before Mitchell was born, was a pioneer in gay-straight alliances. But Bengston initially felt the sting of discrimination from the gay community against her as a straight woman.

In 1983, Bengston and three friends — two straight women and a gay man — moved to Dallas from Peoria, Ill. They secured apartments at Throckmorton and Congress, just down from the Strip. Since she didn’t have a car, she frequented the bars on Cedar Springs Road with her gay buddy.

Even though it was a quarter-century ago, Bengston felt comfortable being among gay people and became friendly with many of the staff. She asked Frank Caven, owner of Caven Enterprises which ran several clubs, for a part-time job, but he brushed her off.

Then, on Halloween 1985, she got a phone call from the manager of 4001, a club where Zinni’s Pizza is now located.

“He said, ‘I really need your help. I am short of staff tonight. No one knows I’m bringing you in,” Bengston recalled.

When Caven saw her, he blew up; the only straight woman he’d ever let work there was his own niece.

But Bengston showed mettle and was put behind the bar at a different club, the Old Plantation. It was a more mixed crowd — gay, straight, men and women, Caven said; 4001 was for men only.

Despite the initial resistance to her, Bengston wasn’t fazed. Soon this part-time gig became a full-time job; she eventually quit her job at an advertising agency and made Caven her career.

25 AND COUNTIING | Chris Bengston started as a bartender at Caven more than a quarter century ago, She was the first employee to give birth while at the company. (Arnold Wayne Jones/Dallas Voice)

“Just because I was straight, the fact I was working in a gay bar didn’t bother me in the least,” she said. “We had a gay bar in Peoria we used to hang out at, and I had been partying in the clubs for over a year before I started working there. To me it was a no-brainer.”

Bengston, now 62, was the first Caven employee to give birth while working for the company.

“I cannot even tell you the amazing support I received. When I had my son, they had an article in [the Voice]; they held a baby shower in the old Rose Room. My best friends are in the community,” she said.

Still, she recognized the stigma associated with being straight in a gay world: “When I would meet people and they would ask me what I did, I’d say I work in a nightclub. I told my son, Alex, never to say I worked in a gay bar when he was in school.”

Things are much better now — but we still have a long way to go as a society, Bengston said.

“It’s so mixed now: gay, straight, male, female, every color you can imagine,” she said. “But people still ask me, ‘Do you really think they’re really born that way?’ We all try to say we’re sophisticated and have come a long way, but we’re not as far along as we think we are.”

To look at Lonzie Hershner — 300-plus pounds of tattooed Texas beef — you might assume he’d be the kind of guy who’d beat up gays. You’d be wrong. Like Bengston, Hershner has enjoyed a career catering to the gay community.

The gay clubs Tin Room and Drama Room, the straight club Chesterfield’s and the soon-to-open Marty’s Hideaway were family-owned by Paulette Hershner and her sons, Lonzie and Marty. When Marty, who was gay, died unexpectedly last year, Lonzie took primary responsibility for keeping the bars going. That he is straight didn’t matter.

“It’s just been such a big part of my life for so long,” says Hershner, whose mother first bought the Tin Room 14 years ago, when it was a redneck bar called Judge Roy Bean’s Saloon. Marty was instrumental in converting it to a gay club. That was 10 years ago, and Hershner has felt like part of the gay community ever since.

“It’s such a comfort zone for me,” he said. “I have a house on Maple Springs — it’s my neighborhood. These guys are my friends.”

Marty was 22 when he came out to Lonzie, and was petrified his big brother would reject him. But Lonzie was completely accepting.

“It was OK with me,” he said. “He’s family.”

Because Marty was “the face of the Tin Room,” a lot of customers didn’t know Lonzie was his brother … or a co-owner … or straight.

“They thought I was a bear,” Hershner said with a laugh. “They call me Butch.” But just as big a deal as being accepted by the gay community is the acceptance of Hershner’s straight friends and extended family.

“I have a fiancé and she’s cool with it,” he said. “I get her lap dances from our dancers. Her own sons can’t wait ’til they turn 18 so they can dance at the Tin Room.”

For a dozen years, Tony Giles has been a fixture in the Dallas gay community, both as a personal trainer and (under his stage name, Tony DaVinci) as a model for Playgirl and other magazines and as a performer in solo adult videos. He’s now completely comfortable among his clients and fans (he and his girlfriend attended Pride last fall), but it wasn’t always that way.

“Before I began in training over at the Centrum [gym] in 1999, I had no prior exposure to the gay community,” he candidly admitted. “My first day of training was interesting because everyone said ‘Don’t go back to the steam room!’ As a straight guy, I was afraid and intimidated.”

A LOT TO LEARN | Tony Giles, right, knew nothing about the gay community when he began working as a trainer; he now estimates 95 percent of his clients are gay. (Arnold Wayne Jones/Dallas Voice)

Now, Giles estimates that over his career, easily 95 percent of his training clients have been gay.

“When I’m talking to other trainers, they kind of envy me that I’m training in the gay community because I’m busy and keep a good retention rate of clients,” he said. “When you’re training a straight guy with a wife and children, he gets distracted — he’s not consistent. In the gay community, you get that client that wants to work out more times a week and go that extra mile. He’s not your seasonal client.”

Getting there involved a steep learning curve.

“As a straight guy diving into the gay world, I learned a lot,” he said. “Not every gay guy wants to fuck you; not everyone talks with a lisp or dresses feminine … although my first day [at the Centrum], there was a guy wearing pink shorts and a pink bandanna!”

Working in the gay community opened his eyes a lot to wrong notions he had about orientation.

“Before, I thought being gay was a choice — a rebellious thing or a learned behavior. And now I know it’s not! I educate people on this all the time — I argue with [straight] people who say otherwise. You’re born the way you’re born.”

Giles knows that in his field — he’s also a competitive bodybuilder — there are some preconceptions people attach to men who work their bodies.

“I had this guy come up to me at Gold’s today and say, ‘I’m not gay but your biceps are really bulging today.’ I thought, You don’t have to say you’re not gay! It’s OK.”

Giles, Bengston, Mitchell and Hershner all cite the friendships and affection they receive from their gay friends as the primary reason they feel at home in the gay community.

“I didn’t grow up gay, but I feel guys who do don’t have a sense of belonging,” said Mitchell. “This team really provides them a family and a sense of belonging. That’s one of the reasons I stuck around. I saw how these people created a home. It’s pretty powerful.”

This article appeared in the Dallas Voice print edition Feb. 25, 2011.

—  John Wright

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

Is it OK to eat at Cracker Barrel?

Cracker Barrel, which has long ranked right up there with ExxonMobil Corp. on the list of well-known businesses that are considered anti-gay, improved its score on this year’s Corporate Equality Index by 40 points, from a 15 to a 55. Tennessee-based Cracker Barrel is cited in the 2011 CEI report, released Monday by the Human Rights Campaign, as one of 12 companies that increased their score by more than 30 points:

“Cracker Barrel Old Country Store Inc., once in the news for delivering pink slips justified by ‘The employee is gay,’ has implemented a non-discrimination policy and diversity training that includes sexual orientation and has even gone as far as to provide a cash grant to the Tennessee Equality Project,” according to HRC.

If you’ll remember, Cracker Barrel’s anti-gay history goes back at least as far as 1991, when the company instituted a policy requiring employees to display “normal heterosexual values which have been the foundation of families in our society.” From Wikipedia:

The company refused to change their policy in the face of protest demonstrations by gay rights groups. After ten years of proposals by the New York City Employees Retirement System, a major shareholder, the company’s shareholders voted 58 percent in 2002 in favor of rescinding the policy. The board of directors added sexual orientation to the company’s nondiscrimination policy.[3]

The Tennessee Equality Project, the recipient of Cracker Barrel’s donation, is applauding the company’s improved score on its website, going so far as to print “Equality — Now Being Served” under a Cracker Barrel logo.

Well, not quite.

Unlike 76 percent of companies rated in the CEI, Cracker Barrel still doesn’t prohibit discrimination based on gender identity; unlike 79 percent of companies in the CEI, Cracker Barrel still doesn’t have written gender transition guidelines and/or cover gender identity as a topic in diversity training; and unlike a whopping 95 percent of companies in the CEI, Cracker Barrel still doesn’t offer domestic partner health coverage.

In short, as tasty as it may sound, we’re not quite ready to order up an Apple Steusel French Toast Breakfast at one of Cracker Barrel’s eight locations within 50 miles of Dallas Voice’s zip code.

—  John Wright

Louisiana: Top & bottom

Part 2, profiling our gaybor to the East: Shreveport’s homespun gay appeal

ARNOLD WAYNE JONES  | Life+Style Editor jones@dallasvoice.com

KING OF CAKES
KING OF CAKES | The king cakes at Julie Anne’s are the best you’ve ever had, but all the baked goods soar. Arnold Wayne Jones/Dallas Voice)

We profiled the bottom of Louisiana as a travel destination earlier this month — now it’s time to hit the top.

With Southern Decadence right around the corner in New Orleans, nearby Shreveport-Bossier City doesn’t get the attention from gay travelers it deserves. But this neighbor to the east is making strides in cultivating its LGBT cred — and not just during Mardi Gras (although we like it for Mardi Gras a lot).

Much of the central business district is fairly compact and surprisingly lively. Less than a week after SoDec ends, Shreveport will gay up the state with the town’s second annual Gay and Lesbian Film Festival, sponsored by PACE (People Acting for Change and Equality) at the Robinson Film Center. The Robinson, like our own Angelika, is a mecca for artsy films (it was the only place in the region to show Milk a few years ago). It’s a beautiful, modern facility that, along with the ArtSpace across the street, gives Downtown an artistic vibe. That sense is augmented with John Waters in tow, which he will be for the fest.

Credit SBC’s progressives for standing up for gay rights. Last year, a city councilman threatened to yank funding for the Robinson because of the gay film fest. The reaction was large enough that not only did the resolution get nowhere, in December the city adopted a non-discrimination policy that covers sex and gender identity. (PACE is also sponsoring a mayoral candidate forum this Sunday.)

Walk or drive down toward the Red River to check out Sci-Port, an interactive science museum targeting families and especially curious kids, but an addictively entertaining place for nerds of all ages. The Sawyer Space Dome Planetarium inside offers everything from laser shows to calculating your weight on the moon (a boon to pound-conscious gays) and lets you show the stars on the day you were born. It also hosts the state’s only IMAX dome theater.

Just down the street, the Barnwell Memorial Garden and Art Center has a greenhouse that’s a hoot to wander through.

Farther away, but completely worth the drive, is the R.W. Norton Art Gallery, a huge museum of eclectic and excellent art, including “double elephant” Audubon portfolios and rotating high-end exhibitions. The self-guided cell-phone tour is an ingenious way to enjoy the art at your own pace.

Perhaps the most interesting attraction, though, is the Logan Mansion. Built in 1897, this private home (Vicky and Billy LeBrun live here full-time) is an architectural marvel bursting with history. It’s also full of believable ghost stories, which Vicky is more than willing to share. It’s one the best historic home tours ever.

Although SBC is not as famed as the Crescent City, all Louisianans know how to enjoy their food, and the culinary scene has several highlights.

Don’t miss the Wine Country Bistro, which deftly executes rustic dishes with French and American country influences. Try the perfectly seared scallops (the size of a fish) on a bed of bacon grits, a corn bread soufflé so sweet it’s more like spoon bread and a mixed berry cobbler with buttermilk ice cream that’s slap-yo’-mama good.

Bistro Byronz has branches in Baton Rouge and Mandeville, but the décor and fare cry out New Orleans, with traditional French dishes like cassoulet (a hearty white bean soup) and chicken paillard (a form of scallopini) in a casual setting that invites jazz music and mimosa.

Logan Mansion
GHOST TOUR | Logan Mansion offers one of the best hist- oric home tours anywhere. (Arnold Wayne Jones/Dallas Voice)

More formal and spacious, but just as delectable, is Giuseppe, an Italian restaurant with tons of private dining rooms for intimate parties. Try the Sunday “champagne symphony” brunch, which serves bottomless bellinis, mimosas or champagne for six bucks and has well-priced entrees. The razor-thin salmon carpaccio is a highlight, but the housemade pastas are unmissable.

OK, some of the food is more kitsch that cuisine — but even that is noteworthy. Julie Anne’s Bakery is home to the king cake, the signature confectionary of the Lenten season. If you’ve only choked down local grocery store versions, be prepared: They do ‘em right here (as many as 600 a day in the week before Fat Tuesday) and aside from being about as healthy a stick of butter, the flavors are heavenly. (There are other delicious baked goods here for the other 10 months of the year.)

On the other hand, it’s not a bad idea to plan a Mardi Gras season visit, where you can enjoy floats, a pet parade and maybe even get access to the pre-parade krewe parties where the massive moving structures are finished out. Some of the krewes are even gay — which goes to show NOLA doesn’t have a lock on queer-friendly Louisiana.

…………………………………..

LITTLE BLACK BOOK

Wine Country Bistro
Wine Country Bistro

ACTIVITIES & ATTRACTIONS
ArtSpace, 710 Texas St. ArtSpaceShreveport.com.
Barnwell Memorial Garden & Art Center, 601 Clyde Fant Parkway. BarnwellCenter.com.
North Louisiana Gay and Lesbian Film Festival (Sept. 10–16), NLGFF.org.
Logan Mansion, 725 Austin Place. R.W. Norton Gallery, 4747 Creswell Ave. RWNAF.org.
Robinson Film Center, 617 Texas St. RobinsonFilmCenter.org.
Sci-Port Museum, 820 Clyde Fant Parkway. SciPort.org.

DINING
Bistro Byronz
, 6104 Line Ave. BistroByronz.com.
Giuseppe, 4800 Line Ave. RistoranteGiuseppe.com.
Julie Anne’s Bakery, 825 Kings Highway.
Wine Country Bistro, pictured, 4801 Line Ave. Wine Country Net.com.

RESOURCES
PACE,
PaceLouisiana.org.

This article appeared in the Dallas Voice print edition August 20, 2010.

—  Michael Stephens

DART board approves trans protections

Advocates pledge to keep working with board to improve wording in non-discrimination policy

John Wright  |  Online Editor wright@dallasvoice.com

DART board a standing
STANDING UP FOR EQUALITY | Spectators give the DART board a standing ovation on Tuesday, June 22, after the board voted unanimously to adopt a policy change extending nondiscrimination protections to its transgender workers. (John Wright/Dallas Voice)

After removing a one-word amendment that would have gutted the proposal, Dallas Area Rapid Transit’s Board of Directors voted unanimously Tuesday, June 22, to add transgender protections to the agency’s employment nondiscrimination policy.

The vote came after about 10 LGBT leaders addressed the DART board, with dozens more looking on from the audience in the local community’s largest turnout for a public meeting since Fort Worth City Council meetings held in the wake of the Rainbow Lounge raid last year.

LGBT speakers demanded that the DART board approve the new policy after removing the amendment, which consisted of the word “except” and was added a week earlier in an apparent attempt by some DART officials to dilute the proposed trans protections.

“A word is standing between us, and the word is ‘except,’” Stonewall Democrats of Dallas President Erin Moore told the DART board, adding that everyone has a sexual orientation and a gender identity. “All of these things also include you. Why not include us?”

Following the 30-minute public comment period, DART board member William Tsao of Dallas made a motion to approve the policy, minus the one-word amendment. “It is the intention of the DART board to make clear that its policy unequivocally prohibits any discrimination against persons based on their gender identity or gender expression,” Tsao said in making his motion, which was seconded by board member Faye Wilkins of Dallas.

The board’s unanimous vote in favor of Tsao’s motion drew a standing ovation from the audience. Two DART board members who voted against trans protections last week, Scott Carlson of Dallas and Mark Enoch of Rowlett, were absent from this week’s meeting.

DART board member Claude Williams of Dallas, an LGBT ally who’s accused the agency’s attorneys of duping the board into the amendment, said later he was “thrilled and overjoyed” with this week’s corrective vote. “It’s been a humungous effort,” Williams said.

Board member Loretta Ellerbe of Plano said she supported the addition of trans protections all along. “It was the right thing to do,” she said after the meeting.

Ray Noah, who proposed the one-word amendment last week, denied that he intended to gut the trans protections, saying he just thought the language of the policy was confusing.

“I didn’t think it was clear enough,” he said.

Noah acknowledged he told The Dallas Morning News he believes DART should retain the right to discriminate in some cases. Noah also denied opposing the addition of sexual orientation to DART’s nondiscrimination policy in 1995, despite clear evidence that he vocally did so.

Tuesday’s vote capped a months-long process that began in February when Dallas Voice reported on alleged discrimination by DART against a transgender bus driver. The proposal to add trans protections, spearheaded by officials at Resource Center Dallas, cleared one DART committee unanimously in April.

In late May, the DART board’s Committee of the Whole tabled the proposal to seek more information about the definition of gender identity, which they later said the agency’s attorneys were unable to provide.

Finally, following a 30-minute closed-door session on June 15, the board hastily amended the proposal to say the agency wouldn’t discriminate based on sexual orientation or gender identity, “except to the extent permitted by federal and/or Texas law.”

Because there are no state or federal protections for LGBT workers, legal experts said this amendment would have effectively gutted the trans protections — and rescinded the sexual orientation protections from 15 years ago.

Even after Tuesday’s removal of the word “except,” some said they still had concerns about the final language. Resource Center officials said they intend to work with DART on rewording the policy, in addition to discussing its implementation in the form of diversity training.

Ken Upton, a senior staff attorney at Lambda Legal in Dallas, said the language of the policy is not ideal but that the removal of the word “except” remedied his main concern.

“It now basically says unless federal or state law prohibits them from doing so —which they do not — their policy is not to discriminate because of any of the enumerated characteristics or identity traits,” Upton said. “Could you improve it? Yes, but it is still a win that was worth fighting for.” To watch video, go to http://tinyurl.com/2e384vm This article appeared in the Dallas Voice print edition June 25, 2010.

—  Dallasvoice