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

Houston Chronicle pulls endorsement of school board member Rodriguez over anti-gay flier

Manuel Rodriguez

The Houston Chronicle has rescinded its endorsement of Houston Independent School District Trustee Manuel Rodriquez over an anti-gay flier distributed by the Rodriquez campaign. As previously reported by Houstini, the flier attacked Rodriquez’s opponent, Ramiro Fonseca, for his history of advocating for LGBT people, and his endorsement by the Houston GLBT Political Caucus. The flier also suggested that Fonseca being 52 and unmarried is a reason that Houstonians should not trust him to make decisions affecting children, and points out that he has a “male partner.”

In the online opinion piece removing their endorsement, the Chronicle editorial board called out the overt homophobia in the Rodriquez flier.

“With his hateful flier, Rodriguez perpetuates the kind of stereotypes that put our kids in danger. And he implies that all right-thinking people agree with him – an insult to his constituents, and precisely the kind of blithe, old-school homophobia that makes school hallways so treacherous.

Members of the school board are supposed to be role models, not bullies. They’re supposed to support civil rights, not fight against them. They’re supposed to fight hate speech, not commit it.”

In response to the Rodriquez flyer the Houston GLBT Political Caucus had encouraged people to contact the editorial board and ask that the Chronicle endorsement be rescinded. “Certainly we’re very pleased that the Chronicle has taken this step,” said Caucus president Noel Freeman. “They recognize that there is no place for this kind of homophobia on the school board.” Freeman added the next step for the Caucus will be to continue to work to elect Fonseca. “We’re looking for volunteers who can help us by handing out literature at the polls.”

Until this recent controversy very little attention had been paid to the District III HISD race outside of political circles. No scientific polling on the race has been made public, but it’s considered to be a dead heat, with neither candidate having a clear advantage. It remains to be seen how the Rodriquez flier, and the overwhelmingly negative response it has garnered, will affect the outcome of the race.

HISD elections are part of the general elections taking place this Tuesday, Nov 8. Visit HarrisVotes.org to find your voting location and view a sample ballot.

—  admin

Funeral services today in Rowlett for murdered gay restaurant owner Aaron Cheung

Aaron Cheung

A memorial service for Aaron Cheung, a gay restaurant owner who was found shot to death in northeast Dallas on Sunday, will be at 3 p.m. today at Resthaven Funeral Chapel, at 3761 Rowlett Road, in Rowlett.

Alex Ortega, one of Cheung’s best friends, said everyone who knew him is invited. Ortega said Cheung was an only child and he hopes the service will help his parents cope.

“I think it’s a really good thing for his family to be able to see how many people he affected,” Ortega said. “He really did do a lot for people who were in his life. If he cared about you, he would give you the world. He would do just about anything to help you out.”

Meanwhile, authorities say the homeless man arrested for using Cheung’s debit card remains a “person of interest” in his murder. Charles Edward Freeman, 58, is charged with fraudulent use or possession of identifying information and is being held on $50,000 bail.

“There’s not enough evidence to list him as a suspect,” said Sr. Cpl. Kevin Janse, a spokesman for DPD. “It’s going to take some forensic evidence before they can list him as a suspect.”

Anyone with information about the case is asked to call the Dallas Police Department’s homicide unit at 214-671-3661.

—  John Wright