RCD calls for baseball to add sexual orientation protection in new contract

Now that the World Series is over, Major League Baseball is going into contract negotiations. And Rafael McDonnell, communications and advocacy manager for Resource Center Dallas, is calling on baseball Commissioner Bud Seelig to include LGBT issues in the bargaining process.

“I ask as an LGBT fan and on behalf of the center that you both please add sexual orientation provisions to MLB’s new CBA [collective bargaining agreement], and encourage each team owner that has previously not done so to add sexual orientation, gender identity and gender expression nondiscrimination protections to their team’s employment nondiscrimination policies,” McDonnell wrote.

He points out that the National Football League added sexual orientation to its nondiscrimination policy earlier this summer. The National Hockey League has had the provision since 2005 and Major League Soccer since 2004. Also, nine teams have produced “It Gets Better” videos.

More than half of all MLB teams — including the Texas Rangers — have held LGBT fan days.

Baseball would be joining “nine of the Fortune 10 companies, 48 of 50 of the Fortune 50 and 89 percent of the Fortune 500,” McDonnell wrote.

The new NFL nondiscrimination clause reads:

There will be no discrimination in any form against any player by the Management Council, any Club or by the NFLPA because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA.

That contract was written by Ted Olsen, representing the players, and David Boies, representing the owners. Olsen and Boies are better known as the attorneys who teamed up to win the Prop 8 case in Appellate Court. That decision is on hold until a ruling is made on standing by the California Supreme Court.

—  David Taffet

3 men arrested in Cyprus for gay sex

Members of the European Parliament calling for the release of the three men include, from left, Eleni Theochaurus, Ioannis Kasoulides, Michael Cashman

As those of us here in the U.S. continue our fight for things like marriage equality and employment nondiscrimination laws, we should remember that are LGBT brothers in sisters in other places are still fighting for the right not to be arrested.

The European Parliament’s Intergroup on LGBT Rights reports that three men in Northern Cyprus, which is under the control of Turkey, have been arrested and jailed for more than five days now for “conspiring to have a sexual intercourse against the order of nature.”

If the men are convicted, they could be imprisoned for up to five years.

According to the Intergroup on LGBT Rights, one of the men is former Cyprus Finance Minister Dr. Michael Sarris. The other two were not named.

The Intergroup on LGBT Rights notes that Northern Cyprus is the only remaining territory in Europe where homosexuality is illegal, and that laws criminalizing homosexuality are a breach of the “European Convention on Human Rights,” which is in force in Cyprus.

Eleni Theocharous and Ioannis Kasoulides, Cypriot members of the European Parliament have called for the men’s immediate release, saying in a written statement that “Consenting adults have the right to engage in sexual intercourse with people of the same sex.”

Michael Cashman, another member of the European Parliament and president of the Intergroup on LGBT Rights, added, “The criminalisation of homosexuality has no place in the 21st century.”

—  admin

WATCH: Dallas County adds trans protections

LGBT advocates who attended Tuesday’s Dallas County Commissioners Court meeting gather on the steps of the administration building after the vote.

After listening to more than 30 minutes of public comments in favor of the proposal, the Dallas County Commissioners Court voted 3-2 along party lines Tuesday to add transgender protections to the county’s employment nondiscrimination policy.

About a dozen people from the LGBT community addressed the Commissioners Court prior to the vote, which came five weeks after the court voted unanimously to add sexual orientation but not gender identity/expression to the policy covering the county’s 7,000 workers. Despite rumors over the last few days, no one spoke against the proposal.

Commissioner John Wiley Price provided the third and decisive vote in favor of transgender protections, joining fellow Democrats County Judge Clay Jenkins and Commissioner Dr. Elba Garcia. Republican Commissioners Maurine Dickey and Mike Cantrell voted against the transgender protections. (Watch video of the court’s discussion below.)

LGBT advocates who attended Tuesday’s meeting erupted in applause after the dramatic vote, and they gathered on the steps of the county administration building for an impromptu celebration moments later.

“The community’s participation is what made this happen — the letters, the phone calls, the people who showed up here,” said Resource Center Dallas’ Rafael McDonnell, who coordinated the community’s advocacy on the issue. “The fact that this was done in five weeks is what really surprises me. Five weeks is the blink of an eye in government time.”

—  John Wright

Commissioner John Wiley Price undecided on protecting transgender county workers

John Wiley Price

Commissioner John Wiley Price says he remains undecided about adding gender identity to Dallas County’s employment nondiscrimination policy.

Price, a member of the court’s Democratic majority, represents the possible third and deciding vote in favor of transgender protections for the county’s roughly 7,000 employees.

County Judge Clay Jenkins and Commissioner Dr. Elba Garcia, two newly elected Democrats who spearheaded the addition of sexual orientation to the nondiscrimination policy last month, have said they mistakenly believed that transgender employees were covered under sexual orientation. Upon learning that they are not, Jenkins requested an opinion from the District Attorney’s Office about the impact of adding gender identity to the policy.

But even if the DA’s office concludes that there would be no negative impact, Jenkins and Garcia need at least one more vote to get the transgender protections passed, and Price is viewed as the most likely source.

“I still don’t know,” Price said when asked if he’d vote for the addition of gender identity to the policy after Tuesday’s regular meeting of the Commissioners Court.

Price added that Maeve O’Connor, a transgender woman who spoke during the public comments portion of the meeting, had done more to possibly sway him in favor of the change than anything else. Watch video of O’Connor’s comments above.

—  John Wright

Contact all five Dallas County commissioners and ask them to add transgender protections

County Judge Clay Jenkins says he was not aware that sexual orientation didn’t include transgender people.

Dallas County Judge Clay Jenkins confirmed today that he’s requested an opinion from the District Attorney’s Office about adding transgender protections to the county’s employment nondiscrimination policy.

Jenkins’ request for information from county attorneys follows the Commissioners Court’s vote last week to add sexual orientation, but not gender identity, to the policy covering the county’s 7,000 employees.

Jenkins and Commissioner Dr. Elba Garcia, two newly elected Democrats who spearheaded the proposal to add sexual orientation to the policy, said they thought sexual orientation covered transgender employees, which experts say it does not.

Since then, Jenkins said he’s received about a dozen e-mails from people in the LGBT community — which he called a lot — asking him to revisit the issue.

“The reason that it’s not in there is not because we don’t support it,” Jenkins said of transgender protections. “I don’t want people to misinterpret that I wasn’t for one type of discrimination but somehow was for another type of discrimination. Nothing could be further from the truth than that.”

Jenkins said he’s asked the civil division of the DA’s office to assess the impact on county code of adding gender identity to the policy.

“It’s going to depend on getting three votes … and the first step is to look at what impact it would have,” Jenkins told Instant Tea. “I care about making sure that we have a welcome and open workplace for all, and discrimination against no one. I’m against any type of discrimination in the workplace. I’m for treating all people equally.”

Rafael McDonnell, of Resource Center Dallas, spoke during public comments of the Commissioners Court’s regular meeting Tuesday. McDonnell said he thanked commissioners for adding sexual orientation to the policy — which they did on a 4-0 vote with Commissioner Maurine Dickey absent — and asked them to go back and add gender identity.

McDonnell said Commissioners Court rules prohibit him from speaking again during public comments for a month, so he encouraged others in the community to sign up to speak in coming weeks. To sign up, call the clerk’s office at 214-653-7886. The Commissioners Court meets at 9 a.m. on Tuesdays in the County Administration Building, 411 Elm St. in Dallas.

McDonnell and others also encouraged people in the LGBT community to contact all five commissioners to thank them for adding sexual orientation and ask them to add gender identity. Here is their contact info, with confirmed email addresses:

County Judge Clay Jenkins – 214-653-7949
Email: Clay.Jenkins@DallasCounty.org

Dist. 1 Maurine Dickey – 214-653-7552
Email: Maurine.Dickey@DallasCounty.org

Dist. 2 Mike Cantrell – 214-653-6100
Email: MCantrell@DallasCounty.org

Dist. 3 John Wiley Price – 214-653-6671
Email: John.Price@DallasCounty.org

Dist. 4 Dr. Elba Garcia – 214-653-6670
Email: Elba.GarciaDDS@DallasCounty.org

—  John Wright

Fitzsimmons says commissioners should consult with DA’s office about nondiscrimination policy

Gary Fitzsimmons

Late yesterday we spoke to openly gay District Clerk Gary Fitzsimmons about the Commissioners Court’s approval of an amendment to Dallas County’s employment nondiscrimination policy that includes sexual orientation but not gender identity/expression. Fitzsimmons said he was never asked to review the proposed amendment and was not aware that the Commissioners Court would be voting on it Tuesday. (Coincidentally, Fitzsimmons added transgender employees to the nondiscrimination policy for his department three years ago after Dallas Voice pointed out that it was missing. Fitzsimmons had added sexual orientation but not gender identity/expression to the policy after taking office in 2007.)

In response to a request under Texas open records law, Fitzsimmons provided an e-mail exchange between himself and County Judge Clay Jenkins from Tuesday afternoon. Jenkins had forwarded to Fitzsimmons an e-mail he received from Stonewall Democrats President Omar Narvaez, in which Narvaez warned of backlash from the LGBT community because transgender employees aren’t covered by the amendment.

Fitzsimmons responded to Jenkins by providing a copy of the nondiscrimination policy for his department, and by suggesting that the county judge ask the District Attorney’s Office to review the issue. We’ve posted the e-mail exchange between Fitzsimmons and Jenkins after the jump.

And again, our question is, why in hell didn’t this discussion take place three months ago?

—  John Wright

Contact Clay Jenkins and Elba Garcia and ask them to add transgender protections

Above is a screen grab of the transgender-less amendment to Dallas County’s employment nondiscrimination policy that was approved by the  Commissioners Court earlier today. The sexual orientation-only amendment can also be found on page 113 of the Commissioners Court Briefing Agenda for today. As we reported earlier, County Judge Clay Jenkins and Commissioner Dr. Elba Garcia, who spearheaded the amendment, said they thought sexual orientation included gender identity/expression, and apparently they didn’t consult with anyone from the LGBT community about the amendment. This includes lesbian Sheriff Lupe Valdez and gay District Clerk Gary Fitzsimmons, who both have nondiscrimination policies for their county departments that protect transgender employees. Moreover, no one from the LGBT community contacted Jenkins or Garcia in the last three months to ensure that this amendment was drafted properly and on track for approval. We all share the blame for this, including this newspaper. Now, the Commissioners Court will have to be asked to go back and amend the policy again, which will take months and possibly draw opposition from the religious right — with its bogus claims about restroom abuse. This is extremely unfortunate, but that’s the row the LGBT community must now hoe. An entire segment of the community has been left out of this policy — a segment that is in fact more likely than gays, lesbians or bisexuals to suffer employment discrimination. After the jump is a letter from Resource Center Dallas sent to both Jenkins and Garcia responding to the new policy. If you’d like to contact Jenkins and Garcia to thank them for adding sexual orientation to the policy and ask them to also add gender identity/expression, here is their info:

Clay Jenkins
411 Elm Street, 2nd Floor • Dallas, Texas 75202 • 214.653.7949
clay.jenkins@dallascounty.org

Dr. Elba Garcia
411 Elm Street, 2nd Floor • Dallas, Texas 75202 • 214.653-6670
elba.garciadds@dallascounty.org

—  John Wright

Dallas County adds sexual orientation — but not gender identity — to nondiscrimination policy

Clay Jenkins

The Dallas County Commissioners Court voted earlier today to add sexual orientation to the county’s employment nondiscrimination policy.

However, the amendment adding “sexual orientation” to the policy does not include gender identity/expression, meaning it covers gay and lesbian employees but not transgender workers.

County Judge Clay Jenkins, who chairs the Commissioners Court, and Commissioner Elba Garcia told Instant Tea they were under the impression that sexual orientation includes gender identity/expression, which it does not. Jenkins and Garcia, both Democrats who took office in January, spearheaded the proposal to add sexual orientation to the policy.

Jenkins and Garcia said there was no debate on or opposition to the amendment adding sexual orientation to the policy, which first appeared on the court’s briefing agenda a month ago. The policy covers the county’s roughly 7,000 employees.

“Dr. Garcia and I talked about this before we were elected, and it was a campaign promise,” Jenkins said. “This is something we wanted to do as quickly as possible. We wanted to send a message by doing this as quickly as we did that it was long overdue.”

The city of Dallas’ employment nondiscrimination policy has included sexual orientation since 1995. However, a Republican majority on the Commissioners Court reportedly has prevented Dallas County from enacting similar protections. Jenkins and Garcia, along with Commissioner John Wiley Price, comprise a Democratic majority on the Commissioners Court for the first time in three decades.

Jenkins and Garcia said they also want to add domestic partner benefits for county employees, but first they must determine what the fiscal impact would be. The county is facing a $33 million budget shortfall this year.

Jenkins said he’s asked the county’s budget director to determine how much offering domestic partner benefits would cost, adding that he believes the county-owned Parkland hospital is at a “huge competitive disadvantage” without them.

“I think it’s very important that we send a message as an employer that we will be competitive with the rest of the marketplace,” he said.

Jenkins also said that while he thought it was covered by sexual orientation, he’d be willing to revisit the issue of adding gender identity/expression to the nondiscrimination policy.

“It was our intent in adding sexual orientation to broaden that to include all members of the GLBT community,” he said.

—  John Wright

Anti-gay Walmart to add 12 stores in Dallas

Walmart plans to open 12 new stores in Dallas, according to a celebratory press release sent out by Mayor Tom Leppert’s office earlier today.

Unfortunately, the LGBT community doesn’t have much reason to celebrate.

Walmart scores a dismal 40 out of 100 on the Human Rights Campaign’s Corporate Equality Index, based on the company’s treatment of LGBT workers.

The world’s largest retailer was docked 15 points on the CEI for resisting shareholder efforts to add gender identity to it employment nondiscrimination policy. According to HRC, Walmart and ExxonMobil Corp. are the only two top 10 companies that have yet to add gender identity to their nondiscrimination policies.

Also, unlike the majority of Fortune 500 companies, Wal-Mart doesn’t offer domestic partner benefits to its employees except where required by law.

Walmart withdrew its support for LGBT organizations in 2007 after conservative Christian groups threatened a boycott. And in 2008, CEO Mike Duke signed a petition in support of banning gay adoption in Arkansas.

In other words, we’d rather shop at Target.

The city’s full press release is after the jump.

—  John Wright

Spokesman says DISD too busy with budget cuts to discuss trangender homecoming issue

A rally in support of Andy Moreno at North Dallas High School in October. Since then we haven’t heard much from DISD, or the LGBT community, about trying to come up with a policy that would avoid such controversies in the future.

Here’s the reply we received late Monday from DISD spokesman Jon Dahlander, after we inquired about whether district officials have discussed a possible policy change related to gender and homecoming elections in response to last year’s controversy at North Dallas High School:

“I don’t know if there have been additional discussions regarding that particular issue. Most of our time right now is devoted to paying attention to what is taking place in Austin and planning for next year’s budget accordingly. A $253 million budget deficit would wipe out a lot of things in our school district. If I hear of something, I’ll let you know.”

We certainly sympathize with Dahlander and other DISD officials as they try to deal with the impending budget crisis, but we also hope his statement indicates that the district is open to taking up the transgender homecoming issue as soon as possible. After all, it’s been almost five months since transgender girl Andy Moreno was denied a chance to run for homecoming queen at NDHS. The district should be commended for, in the meantime, passing a fully inclusive anti-bullying policy that is the first of its kind in the state. But this doesn’t mean the district’s work — or the LGBT community’s work — is done. For one thing, we need to ensure that the anti-bullying policy is properly implemented and enforced. And for another, while the anti-bullying policy includes gender identity and expression, the district’s employment nondiscrimination policy does not. In other words, it’s now against DISD policy for a student to bully another student for being transgender, but it’s not against DISD policy for the district to fire a teacher for being transgender. And, apparently, it isn’t against DISD policy for an administrator to discriminate against a student for being transgender, as in the case of Andy Moreno. On Tuesday night I sat in a Stonewall Democrats meeting and listened to a gay student talk about the resistance he’s faced from administrators in trying to establish a GSA at Woodrow Wilson High School. So while the budget situation is critical, let’s also remember that for some LGBTQA youth, the issues we’re raising could be a matter of life and death.

—  John Wright