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

Omaha City Council Rejects LGBT Anti-Discrimination Ordinance

Omaha, Nebraska has rejected an LGBT anti-discrimination ordinance:

Omaha "The measure failed on a 3-3 vote. Councilman Franklin Thompson, who has called for a public vote on the issue, abstained. Councilmen Ben Gray, Pete Festersen and Chris Jerram voted in favor of the ordinance; Jean Stothert, Garry Gernandt and Thomas Mulligan were opposed. Gray, author of the ordinance, proposed that gays, lesbians, bisexuals and transgender people be a protected class under city code — protection they don't currently have under state or federal law. He amended tjhe proposal to exclude religious organizations, but members of the Omaha business community also opposed the ordinance.The council held a public hearing Tuesday on Thompson's proposal to put the issue to a public vote, in the form of an amendment to the City Charter. The vote on Thompson's measure is expected next week…Gray's ordinance would allow homosexual and transgender residents who believe they have been fired or suffered other workplace discrimination, or have been refused service at a restaurant, hotel or other place that serves the public, to file a complaint with Omaha's Human Rights and Relations Department, Assistant City Attorney Bernard in den Bosch has said."


Towleroad News #gay

—  admin

LGBT Anti-Discrimination Ordinance Withdrawn in Memphis

Neither the Memphis City Council nor Mayor A.C. Wharton feels its important to protect LGBT people from discrimination. Therefore, Janis Fullilove (pictured), who last month received death threats and a dead cat on her lawn over her sponsorship of the anti-discrimination legislation, has withdrawn it, the Commercial Appeal reports:

Fullilove "The Tennessee Equality Project and councilwoman Janis Fullilove this morning withdrew the proposed ordinance, which would prevent the city from discrimination based on sexual orientation or gender identity in hiring or promotion of employees, and an accompanying resolution that would have included the ordinance’s language in city contracts. Fullilove and TEP members said it was clear the ordinance, which was scheduled for the second of three readings this afternoon, lacked support from the 13-member council and Wharton’s administration, which said two weeks ago that it favors a more general ordinance approved by the Shelby County Commission earlier this year. Michelle Bliss, vice chairwoman of the Shelby County Committee of the TEP, said council members were making decisions based on 'fear and prejudice.' …  'At this time we don’t think we can get a fair hearing,' said Bliss. Fullilove said she was disappointed that she had to withdraw the legislation."


Towleroad News #gay

—  John Wright

Doylestown, PA Passes LGBT Anti-Discrimination Ordinance

Last night, Doylestown, in Bucks County, Pennsylvania, passed an LGBT anti-discrimination ordinance:

Websiteseal "Doylestown Borough has become the 17th government in Pennsylvania to ban discrimination based on sexual orientation or gender identity.
By a unanimous, 9-0 vote, the Borough Council passed a law Monday night protecting lesbian, gay, bisexual and transgender (LGBT) people from discrimination in employment, housing, and public accommodations.

The vote drew a standing ovation from several dozen who packed Borough Hall.

'This ordinance is a statement that we will no longer treat different groups of people differently,' Councilman Don Berk said. '…We are protecting people who previously had no recourse.'

…  Twenty-one states, including New Jersey, New York, and Delaware, have LGBT antidiscrimination laws. Pennsylvania legislators have shunned such efforts, leading some counties and municipalities to pass local laws…Pennsylvania law already forbids discrimination based on race, age, religion, ethnicity, and disability. Doylestown's law duplicates those protections, even though the Pennsylvania Human Relations Commission handles violations of the state law."


Towleroad News #gay

—  John Wright

FW Council WILL vote on trans inclusion in ordinance

Some Fort Wirth City Councilmembers appeared to be preparing to vote against adding transgender, gender expression and gender identity to the city’s nondiscrimination ordinance– or to at least try to get the vote postponed.
Councilman Danny Scarth suggested that amending the ordinance could have the “unintended consequence” of discriminating against people with “deeply held” religious beliefs against certain “lifestyles.”
Councilmember Carter Burdette said he was not clear on the difference between gender identity and sexual orientation, and Councilmember Jungus Jordan asked why it is necessary to include, as recommended by the Human Rights Commission, transgender, gender expression and gender identity.
But Mayor Mike Moncrief, noting that councilmembers would be able to ask more questions during executive session and during open council meeting, stressed that he would call for a vote on the amendment tonight.
“Even one complaint is one too many,” Moncrief said. “This tonight will be voting your own convictions, doing the right thing for the right reason. … We are elected to make those tough decisions.”

—  admin