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

What’s Brewing: Marriage updates from Maryland, New Hampshire; poll shows U.S. evenly divided

Sam Arora

Your weekday morning blend from Instant Tea:

1. A marriage equality bill once thought to be assured of passage in the Maryland House remains stalled in committee, with lawmakers who once supported the measure now wavering under intense pressure from the religious right. The most notable flip-flopper is Democrat Sam Arora, who campaigned on his support for the bill but now says he’ll vote against it on the floor.

2. New Hampshire lawmakers put off until next year consideration of proposals to repeal marriage equality, saying they want to focus on fiscal issues first. A House committee voted 15-0 to retain the repeal bills until 2012, and LGBT advocates are disappointed the measures weren’t killed outright. 

3. But Ti-i-i-ime is on our side, yes it is. A new Pew poll shows the nation is now evenly divided on marriage equality, with a strong trend of increasing support. According to the poll, 46 percent say same-sex marriage should not be legal, while 45 percent say it should, with a 3 percent margin of error that makes for a statistical tie. Just two short years ago, a Pew poll found that 54 percent of Americans opposed marriage equality, while only 37 supported it.

—  John Wright

Did you miss the 4D display last night at the Praetorian downtown? No worries

This may seem a lot of trouble for a mere movie trailer, but it was so worth it. Last night, great measures were taken to give a whole lot of Dallasites (especially downtowners) the pleasure of seeing the trailer for The Tourist with Angelina Jolie and Johnny Depp. The old Praetorian building was turned into a 4d mapped movie screen by the peeps at IllumeNight and pretty much kicked ass all over. Imagine if they had done it for Burlesque.

Thanks to a couple of YouTube posters, you can watch it in the comfort of indoors.

—  Rich Lopez

Waiting for provisional ballots in non-discrimination measures in Bowling Green

The right-wing effort failed on at least one of the measures to repeal two non-discrimination ordinances in Bowling Green. The margins are very close, but our side won one and is waiting for provisional ballots in the other:

An attempt to repeal two city ordinances that expanded anti-discrimination protections had mixed results in Bowling Green Tuesday.

By a narrow margin in unofficial results, voters upheld an ordinance that expands the list of protected classes in the city’s fair housing code to include sexual orientation, gender expression, gender identity, and marital status, among others.

But by a similarly slim margin, voters repealed a second ordinance that protected those same groups from discrimination in employment, at business establishments and educational institutions, and for city services.

I’m hearing that there are 500 provisional ballots still to be counted. Most of those are Bowling Green students. So, this could still be a double victory.

The Toledo FOX channel reported that the anti-gay forces thought they had won:

The victory party was short lived Tuesday night for the opposition to the anti-discrimination ordinances in Bowling Green.

While the initial “100 percent” of the votes on the Wood County Board of Elections’ Web site showed both ordinances being handily rejected by voters, those results were changed around 11 p.m. when early voting numbers were added in.




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—  admin