More statements about the passage of Allegheny County's Human Relations ordinance
I am pleased that the county in some way recognized that all people have rights to be protected from discrimination based upon sexual identity.
I am disappointed that a very simple constutional concept - equal protection under the law - causes so much political foot shuffling.
The County law has yet to meet that test in that it says you can continue to discriminate in a variety of situations. It is also less than what the city enacted years ago. As we celebrate our nations birth it is clear to me that many still have not grasped the concepts embodied in our Constitution. Doug Shields, President, Pittsburgh City Council.
Rep. Dan B. Frankel, State Representative, 23rd Legislative District
I’m sorry I can’t be here today in person to commend Allegheny County for addressing this critical issue of fairness under the law; but I wanted to put it on record that I very much hope you’ll see fit to create a Human Relations Commission for Allegheny County.
Pennsylvanians have already decided that discrimination is wrong.
We’ve decided that it’s wrong when people discriminate based on the color of someone’s skin; whether they get around with the assistance of a wheelchair or a seeing eye dog; or whether they pray in a church, a synagogue, or a mosque.
It’s time to recognize, as a community, that it’s also wrong to discriminate based on who somebody falls in love with, or how they express their gender.
As the prime sponsor of House Bill 300, which would extend protection from discrimination to the LGBT community for all Pennsylvanians, I often get asked whether or not the problem of discrimination is real. I can tell you that it is.
My office gets calls from as far away as the Philadelphia suburbs to report instances of discrimination. And as recent as two weeks ago, a Pennsylvania State Senator, Senator Eichelberger, said publicly about lesbians and gay couples that Pennsylvania “Lets them exist.” He implied that it’s enough that Pennsylvania doesn’t consider someone gay or lesbian a criminal just for having a relationship with their partner.
Well, it’s not enough.
Our LGBT friends, neighbors, taxpayers, business-owners, landlords, tenants and employees deserve much better. They deserve the right to be public about their relationships and identities, without fear that they could be fired, or kicked out of their homes. They deserve to go into a restaurant and not worry about being refused service, just because they’re holding hands.
The Human Relations Commission will ultimately benefit all residents of Allegheny County, because young people want to live in diverse, inclusive communities. Straight and gay individuals alike want to start businesses in places where fairness is the law. Already, the majority of Fortune 500 companies, as well as 3 of our bordering states, Maryland, New Jersey, and New York, have non-discrimination laws that protect the LGBT community. A majority of Pennsylvanians know that gender identity and sexual orientation have nothing to do with putting in a good days work.
I hope that you will take leadership and create a commission that will help protect lesbians, gays, and transgender people from discrimination. And I hope Pennsylvania will soon follow to protect those many people living outside the county borders.
Public comment of Pittsburgh City Councilor Bruce Kraus at the July 1, 2009 Allegheny County Council meeting.
Years have passed since the Stonewall Riots gave birth to the fight to achieve social equality for GLBT people everywhere, and yet today, still the struggle continues. We struggle against the modern day Anita Bryant’s of the world, against the stereotypes and myths, against the lies and distortions, against governments determined to deny us our rightful place in society.Somehow government hasn’t gotten the message that GLBT people will not sit quietly by while being viewed as the last socially acceptable, some even argue justifiable, targets of discrimination with our society.
Visionary Pittsburgh leader, Mayor David Lawrence, fully understanding the value of ensuring a “seat at table” for all people, was instrumental in the establishment of the Mayor’s Commission on Human Relations as far back as 1954; some fifty five years ago.
In 1976, via the City Charter, the Commission was established as an independent agency of City government, renamed the Pittsburgh Human Relations Commission and charged with protecting the rights of every Pittsburgher to equal treatment under the law in issues of employment, housing and public accommodations.
Nineteen Ninety saw the first City Council election by district, assembling for the first time in our history, a governing body truly representative of Pittsburgh, in all its complexity and diversity. It was this council that amended the city charter to include sexual orientation, as a protected class.
A future Council would add gender identity and transgendered people to protected class status.
And in the years that have passed since the implementation of Pittsburgh’s Human Relations Commission can anyone here speak to me of the negative impact it has had? Has one company refused to locate here because we respect the rights of an individual to employment without discrimination? One family refused to live here because we respect the rights of people to fair housing without discrimination? One handicapped person refused to come here because we respect his right to navigate an unobstructed world?
And yet Bill 4201-08 has struggled for the full support of this council without a clear reason, other than what I see as being misinformation and myth, spread by ill-informed and narrow minded people, claiming religiosity as a shield for prejudice.
And some members of the council worry about the political repercussions of their support.
But I am reminded of a conversation I had with, now Magisterial District Judge, Gene Ricciardi, regarding his election to the first city council elected by district in nineteen ninety, and his support of adding sexual orientation as a protected class to the city charter. A freshman councilman with this whole career before him, faced with this daunting decision, and truly believing it would cost him reelection, Councilman Ricciardi had the moral character to stand for all that is right and cast his vote in the affirmative.
He won reelection with 88% of the vote.
So how will we dispel the rumors and innuendo, the myths and the stereotypes that protect peoples’ thinking that it is somehow acceptable to discriminate based on sexual orientation or gender identity or expression?
I can only think of one way, and it is how I have chosen to live my life: truthfully and honestly as an openly gay man. It will only be then, when all GLBT people are truly free to live open and honest lives, free of the worry of being fired from their jobs, evicted from their homes or refused public accommodations that people will see the truth. That we are your son’s and daughters, your mothers and fathers, your teachers, attorneys, doctors and yes, even your elected officials.
Today is your call to courage; the courage to overcome fear and injustice; to leave behind moral cowardice.Choosing the right thing to do is not always popular or easy, but standing for what is right and true and just, especially when it is unpopular, is the true test of moral character.
Let me be clear in what my message is to you today.We are not here today asking you for our rights; they are already ours, granted to us by a much higher authority they earthly government. Today, we are here to tell you to “get out of the way of our rights; we are here to claim what is ours.”
With the passage of the Allegheny County Human Relations Commission ordinance, Allegheny County has taken a step forward with regard to statewide equality for the LGBTQ community. I was privileged to be in attendance at last night's meeting and witness this little bit of history. I want to share with you the reflections of various community leaders before posting my own thoughts.
"While it still stuns me that people actually were against this bill – that they wanted permission to discriminate and didn’t see any problem with that – I am grateful today for Councilwoman Greene and the council members who voted yes. They brought the county up to speed with what the city did 2 decades ago, and they fulfilled their responsibility to make AlleghenyCounty a safe place to live and work. I wish Persad Founder, Randy Forrester, was alive today to see this, since he was so active in the earlier city ordinance. I hope that the religious exemption is not used to continue discrimination – especially in social service agencies that receive public dollars to help people. Most people outside of the LGBT community that I talked to didn’t realize that before this bill passed yesterday, that it was perfectly legal to fire someone for being gay – most of the Joe Publics of the world realized that this was just not fair."Betty Hill, Executive Director of Persad Center
"I am very happy about this and now the battle becomes statewide.We have funded the Women's Law Project who have been working for statewide LGBT rights for years."August "Buzz" Pusateri, Board Member, Lambda Foundation of Pittsburgh
"The passing of the ordinance was was important for the transgender/transsexual communities in the region for two reasons. One, the ordinance will help protect trans people within their daily life and two, it showed the support trans people have amongst the local organizations who were adamant in passing an ordinance that includes gender identity and expression." Emilia Lombardi, Ph.D, Pittsburgh's Trans Working Group
"The Women's Law Project is thrilled that Allegheny County had joined 14 other jurisdictions in Pennsylvania to extend basic protection from discrimination to LGBT people. We are grateful to the members of Council who stood up for human rights, and especially thankful for the leadership and vision of Councilwoman Amanda Green. Congratulations to the local LGBT community and their many allies, whose persistence and courage produced a great victory for LGBT people and for all women."Sue Frietsche, Senior Staff Attorney, Women's Law Project
"I applaud the members of the Allegheny County Council who voted in favor of the non-discrimination ordinance. This ordinance will make the law more fair and just in Allegheny County and make us more competitive for attracting and retaining jobs. This vote -- in Pennsylvania's second most populated county -- will also help advance similar statewide legislation in Harrisburg.
"Recent comments by state Senator John Eichelberger highlight why this ordinance is necessary. The senator said, in a public debate, that we 'allow [same-sex couples] to exist,' as if that were all our fellow citizens should expect.
"This kind of basic lack of respect for hundreds of thousands of his fellow citizens also jeopardizes economic development for our state. I’m reminded of the Oklahoma state legislator who cost her state 1,000 jobs when she made anti-gay comments last year.
"I’m delighted that residents of Allegheny County will now be protected from discrimination but am still concerned that many Pennsylvanians lack this basic protection, even while most residents believe it should be the law. Look at the 71 percent support statewide – including 63 percent support in the central/'T' region -- for House Bill 300, which would protect people who live or work in Pennsylvania from discrimination based on sexual orientation or gender identity or expression."Pennsylvania State Representative Dan Frankel
"I have a 5 year old grand daughter and i want her to grow up being able to take it as a fact that everyone IS equal. to be able to not even give it a second thought. that it just is how it is, as it should be."Sherry Pasquarello, resident, Allegheny County.
"For the past year, our community has worked with determination and persistence to bring this day about.Throughout this process, we have formed important relationships, and the unique collaboration between LGBT organizations, allies, grassroots activists, and public officials will continue to serve as a model of effective partnership. " Steel City Stonewall Democrats
I've got more to share ... the public comments of Frankel and City Councilman Bruce Kraus and more statements. But let's stop here and see what I have to think about everything.
I tweeted the meeting, providing my own commentary and observations along with factual information about the discussion. I lost my signal a few times, but was able to restart and keep going. The comments from the community were a mixed bag. The hate directed toward LGBTQ persons was sad, but I was heartened to note the looks of pure disgust in the eyes of various members of Council as folks rattled on and on with the usual vitriole. A group of ordinance opponents sat next to our little group of lesbians. The classic moment was when a name tag fell off one man's chest onto the leg of a lesbian. She handed it back and said "You lost your tag." I think he may have thanked her. How can you thank a lesbian so politely one moment and liken her to a pedophile the next? It really makes no sense.
The Council discussion was heated. Clearly, this was a tough vote and the opponents gave plenty of airtime to a whole host of excuses to disguise their homophobia and transphobia. That was really sickening ... the cowardice and pandering to hate mongerers in the name of the most ridiculous rationalizations possible. Protecting the County from law suits. Putting civil rights issues before the voters as a referendum. The Catholic Church didn't have enough time over the past year to review the ordinance. Undermining the good work of the Boy Scouts and Girl Scouts. (Note to Matt Drozd: the Girl Scouts don't discriminate). None of them had the courage to just admit their bigotry. It was one of the most pathetic examples of leadership I've ever witnessed.
We won 8-6 which is pretty close. We won with amendments that legalize religious based bigotry. We won even though I was almost thrown out of the chamber. Well, that probably didn't impact anything except Ledcat shortening my leash.
I enjoyed the post-meeting celebration. It was nice to spend a few hours awash in a feeling of triumph over intolerance and hatred. It was pretty cool to watch the various factions interact and listen to the various perspectives.
The highlight of my evening was Billy Hileman's attendance. Billy is an advocacy hero in our community and I thought it very fitting that his mantle has passed to Kris Rust, also a teacher and also very humble (and smart). There's a synergy there that feels right. Leadership, after all, is earned not purchased or grabbed.
Last night was a lesson in what's possible. It is possible to prod a dinosaur like the Democratic Party in this region toward progress. It is possible for the lessons of our past (City ordinance battle) to inform the challenges of our future (HB 300). It is possible for two people on opposite sides to have a polite exchange than could possibly break down ugly, misinformed stereotypes.
To paraphrase Betty Hill, it is possible to change something that just isn't fair.
The PG's Karamagi Rujumba took a well-placed stab at explaining the complicated Human Relations ordinance due for a vote tonight before the Allegheny County Council.
Best of all, he quotes a person of faith who isn't a bigot. My apologies to the bigots out there who missed the opportunity to spew the hatred, but your interests are being well protected by stubborn members of Council who ardently believe your right to discriminate trumps the civil rights of their constituents. What are you gonna do?
Amend. Amend, amend, amend. (Get the play on "amen"?)
I tried last night to explain the amending of the amendments. It still comes down to a fine tuning of exactly what approach religious groups can take to discriminate against people and how that is exactly enshrined into local law. Later, we'll wrestle with the issue of funding bigotry.
Councilman Robinson chimed in with his belief that removing religious exemptions entirely will make the bill dead on arrival. That may be true, but it sure doesn't say much about communities of faith in our County does it? All this back and forth makes my head spin. One positive is that this shines a very bright light on how deeply embedded discrimination has become in our region, as well as the spectrum of anti-gay elected officials.
Your chorus of "pissed off gays" shook things up a little bit. I urge you to consider any sudden shifts on this vote with a skeptical eye and continue to agitate for full equality. We have two clear County officials who have demonstrated integrity and moral leadership - Rich Fitzgerald and Amanda Green -- by their unwavering support to the LGBTQ community. We have several Johnny Come Latelies who are welcome, but still have to undo some damage before they get queer dollars (or they should, but they won't).
Tonight could be close. So many things are up in the air -- will Futules teleconference in to vote? will the amended amendments carry the day? will Finnerty step up? why is my old friend Bob Macy proving so intractable -- I really think West Mifflin is sinking back into a prehistoric age.
Only time will tell.
In other news, the PG carries an interesting article on a partnership between Persad and Tobacco Free Allegheny to reduce astronomically high smoking rates among local LGBTQ persons. As the culture shifts away from the smoke filled bars (sorry bar owners but we all know it is happening) the pressure is on to make the new gay gathering places smoke free for the welfare of the community. This effort to liberate the community from the tentacles of addiction by using familiar resources is mad genius.
Hey, I made the big leagues with a quote at Think Progress blog. It was apparently big enough that other bloggers pointed it out and someone called me to tell me. I'm just happy the Eichelberger story still has some legs.
When the three of us show up tomorrow at the County Bldg to voice outrage, we can read the story on our Blackberries. LOL.
This is the best explanation I've heard from Kris Rust, former chair of the Steel City Stonewall Democrats:
"Philadelphia model - The biggest improvement in terms of BGLT rights, as I see it, is not writing into law that religious organizations who receive funding are exempt from the ordinance. Since the ordinance is silent on the funding question, that leaves open the possibility of the executive writing compliance with the ordinance into contracts."
So while version #1 would have required all religious organizations to comply (obviously, ideal) and version #2 would exempt all religious organizations (obviously, not good), version #3 sidesteps the funding issue which leaves open the possibility of addressing it later.
UPDATE: New information has been coming in from various sources. Allegedly, Drozd and Macy are not going to vote for this. Finnerty is a maybe (412) 350-6540 mfinnerty@alleghenycounty.us. He represents District 4 (Crafton, Robinson, Bridgeville, McKees Rocks).
Also, another member of County Council may be threatening not to show up which could derail a majority. That is Councilman Futules from District 7 (412) 350-6555 nfutules@alleghenycounty.us. (Oakmont, Penn Hills, Plum, Verona).
The amended amendment language has been released by the Coalition for the Allegheny County Human Relations Ordinance (the members of this coalitioni have not been announced but includes Steel City Stonewall Democrats, Equality Advocates, Delta Foundation and the Women's Law Project, I think).
NOTE: I received an email version. It has not yet been posted online, but should be available at the Steel City Stonewall site soon. www.steel-city.org
OK, so basically they want to further amend the language of the ordinance to follow the established practice in Philadelphia. This means there is no registry of anti-gay religious organizations and, thus, removes the ability to discriminate. That's good supposed to be good in terms of constitutionally acceptable, but it remains unclear how that benefits the LGBTQ community.
The bad? Well, the amended amentment exempts Sectarian, Religious, Charitable and Fraternal organization from complying with the Human Relations Ordinance. It also means those with public funding (your tax dollars) can still discriminate.
The caveat to that little unpleasantry is that individual contracts related to the funding can include a requirement to comply with the law. Back door politics, but at least there's an option. This is what's going on Philadelphia and it seems to work. It remains unclear how well it is working because there is little research and the legal participants in the working group are not at the table right now.
In the words of the Coalition:
This ordinance meets the highest standard in trans-inclusive language in the Commonwealth. That being said we believe that we should SUPPORT amending the amendment as proposed by the coalition and PASSING County Council bill 4201-08. We believe that this ordinance will protect a majority of LGBT citizens of Allegheny County against discrimination based on sexual orientation, gender identity and expression.
This solution to the original unconstitutional amendments is workable might get the votes and came about in consultation with Allegheny County Chief Executive Dan Onorato (I'm sure all your calls nudged him.) Important to note that the ordinance provides protections based on gender identity and gender expression which is critically important to our community. I understand that concerns about dropping this language came up early in the discussion, but soon faded away as the issue turned to how to preserve the freedom of religious organizations to practice their homophobia unfettered by the law. This seems to be the best compromise and a very workable solution that creates the socio-political and economic climate so vital to our region's growth. This seems to be the only compromise that will scrape a majority vote together, but it is not a done deal. It *is* clear to me that our elected officials fail to see the connection between a community that strengthens the workplace and housing resources makes for overall better economic conditions.
So, the message from the Working Group is that we support amending the amendment and passage of the amended amended ordinance. The critical part of the meeting tomorrow will be the outcome of the amending the amendment process. Got that?
Should you still make calls? You bet. Call 'em up and let them know that we want an ordinance that is constitutional and you would might accept the Philadelphia model to protect the majority of LGBTQ citizens in Allegheny County. Your calls to the four folks I wrote about earlier (Drozd, Burn, Robinson and Macy) are especially useful.
Not sure yet who will introduce the amendment to the amended ordinance, but common sense says it will be Amanda Green or Rich Fitzgerald. I spoke with organizers just minutes ago and was told it hasn't been determined yet.
The coalition should certainly be commended for their hard work, but I want to make sure to thank each of you who really demonstrated ownership of your destiny (dare I say your existance?) by stepping forward and letting your voice be heard. Our community is at the center of a virtual whirlwind of legislation and issues on the local, state and federal levels. Channeling the frustration over Eichelberger's comment into telephone calls for a proactive piece of legislation is the exact opposite of what he hoped to accomplish with his hate-laced rhetoric. Kudos to everyone who took control and reframed the conversation in our own terms.
Rest assured, this is not over. There is still the vote tomorrow. And then on Thursday, there will be other votes to address, particularly HB 300. There will also need to be oversight within the County to ensure that the contracts are requiring compliance with the law. I would personally believe this is important with regard to CYF foster care contracts -- with 20,000+ Pennsylvania children in the foster care system, there is simply not the luxury of debating whether gay people can be good foster parents simply based on their sexual orientation, assuming they meet the other criteria.
Let me put in one last plug before I go off to cook dinner for Ledcat. Quite a few folks have asked who are the leaders involved in this and how to get in touch with them. I say -- join the Steel City Stonewall Democrats. Not only will you learn who is who in the local LGBTQ advocacy world, but you will literally be at the table and helping make the decisions.
Word on the street er, via cell phone and text is that YOUR hard work and persistance is paying off. The calls are being noticed both by Chief Executive Dan Onorato and the assorted County Councilpersons.
In fact, some County Councilpersons are returning calls to their constituents which like never happens. That must mean the sheer volume of calls is making them sit up and take notice, as well as the fact that they are about to do something unconstitutional.
The Post-Gazette will have a story in the morning paper (maybe tonight on the website?) and told me they will cover the meeting itself.
I'm awash in tweets, IMs, texts, email, FB messages, comments, and so forth. I'm a social media magnet and my thumbs are getting sore. Thank goodness for the restorative properties of Starbucks.
So here is where we stand. There are four County Councilman who need to be targeted. Call tonight and leave a voicemail message. Send an email message. If you don't live in these districts, figure out if you know someone who does.
Burn, Macy and Robinson are responsible for the amendments. It seems they aren't really aware of the constitutional issues AND how it makes the LGBTQ community, well, feel to "protect" religious organizations from us. I sure don't like the feeling that the County will bend over so far backward that they'll say on paper that any form of discrimination is permissible just to appease homophobic churches. That's pretty damn demeaning. I also don't want to fund discrimination with my tax dollars. If churches want an exemption, they need to give up the money. Otherwise, play by the rules.
Woke up a bit early this morning and had a nice surprise. Ian Price of Friendship took the time to write in with his thoughts on the impact of the Pittsburgh LGBTQ Pride March.
In the spirit of Pittsburgh's 250th anniversary, we stop and reflect on the great things Pittsburgh has achieved and on the wonderful things that continue to grow. One of these needs to be the lesbian-gay-bisexual-transgender community and its contribution to the civil rights movement. Forty years after the Stonewall riots, pride is not only about the "gay" movement, but the rights of all Americans to conduct their lives according to their own consciences. Forty years ago, we asserted that we would not live in a police state, that we would not live double lives, and that American society would be a wonderful blend of differences.
Pride celebrates, supports and welcomes all people, not only the ones under the LGBT banner. Pittsburgh should be proud that it has cultivated and grown such a robust community dedicated to this fundamentally American ideal.
Ian is the first person I've seen put Stonewall into the context of Pittsburgh's 250th Anniversary and how very apt that is! Pittsburgh continues to boast a thriving gay community with the welcome addition of the Gay & Lesbian Community Center's relocation to Grant Street -- just a few steps away from the City-County Building.
His "pride" contrasts sadly with reports of a police initiated invasion of a gay bar in Ft. Worth, the significant number of closeted homosexuals (including many Western PA politicians - hello!) and continued gay-baiting from communities of faith intent on imposing their world view on the conduct of other people.
Still, we thrive. Ian mentions Dan Onorato's speech at PrideFest and yesterday an unknown number of local gays and allies flooded his office with calls about the Human Relations Act. Openly gay individuals around the nation are coming out and running (and winning!) for elected office, including our own City Councilman Bruce Kraus. The Independent (formerly Santorum supporting Republican) candidate for Mayor, Kevin Acklin, announced his support for marriage equality. So did Fred Honsberger.
Outrage, the movie exposing hypocrisy in the gay community, did well enough for the Pgh Filmmakers to extend its run for another week or so. NetRoots Nation, a conference with a huge amount of progressive attendees, comes rolling into town in August.
Work continues on the Allegheny County Human Relations Act. The media is watching. A statement on the most recent updates is expected early this afternoon. Tomorrow night we could take a huge step forward.
Keep the calls going, my friends. Show your dedication to the fundamental American ideals.
Dear Lord, I have no clue where to begin. I've been so focused on the local scene that I've lost touch with what's happening on a federal level. How about you? I'm on a national LGBTQ blogging email list and the volume is mindblowing. Sometimes I feel like I'm crouching in the corner trying to figure out what people who are ten times smarter than me are talking about.
Here's a few links worth following:
Pam's House Blend has been following the story on the White House Stonewall Cocktail Reception. Yep, its a controversy because of the tension between LGBTQ leaders and the White House's snail pace response to federal LGBTQ issues. She's also been covering the boycott/protest of DNC fundraising events.
Then there is the police instigated gay bashing event at a Fort Worth bar. Just in time for the 40th Anniversary of Stonewall. Some things never change.
The Washington Blade has the latest predictions on ENDA. Our own Congressman Mike Doyle is supposed to be signing on as a cosponsor. I have yet to verify that, but I'll let you know as soon as I do.
That's just a smidgen of the news. It is just great that coverage of LGBTQ events has skyrocket and I think it is very much due to the unrelenting work of bloggers and other new social media activists. When NetRoots nation hits town in August, you'll have a chance to see what I mean.
I've been hearing various folks talk about a desire for more family friendly activities. This seems like a nice opportunity to fuse that kind of event with support for two community organizations. The cost is fairly reasonable if you break it down to a per person rate ($5 per person for lunch for a family of 4) which is also something folks have been talking about in light of some of the pricier recent events.
The number of LGBTQ families is on the increase and as the political/social culture becomes more affirming, it is only natural that community groups need to create family positive programs to tap into this segment of the community. One really good blog is Mombian. I met the editor at a LGBTQ blogging conference in DC last year. She's bright and does a great job of bringing attention from national issues back to the family perspective.
So, here's your chance to turn out and demonstrate that family friendly events can be successful. Plus, you'll have an opportunity to talk with leaders from both organizations and encourage them to cultivate more programs to meet your family's needs.
Here in Pittsburgh, there's a group call Families Like Ours (FLO) which has an email list and is beginning to organize some face to face events and activities.
This is exactly a group that community political groups should be tapping into. Fighting for the civil rights of your children is a pretty basic instinct and I don't think it is hard to make the connection between equality for our families and better lives for our children.
I have spent the last 24 hours trying to mobilize folks to call County elected officials on Monday in the hopes that the Human Relations ordinance can be salvaged. I've been texting, tweeting and talking non-stop for most of the day (ask Ledcat). I feel like Scott Hanley during a WDUQ pledge drive. I even memorized the County telephone number. That's kind of sad considering I can barely remember my own work number.
I have been sort of glad not to stop and think about where I might come down if the ordinance comes to a vote as currently worded. It is not too late to impact the process and I sincerely hope you will make a call.
The advocates I've been speaking with are being very careful. Some want any version to pass, others do not want this verion period regardless of the potential to challenge the unconstitutional portions in court.
I confess that I'm struggling to buy the "something is better than nothing" argument. The potential for long term damage is pretty daunting. The idea that Mr. Onorato could ride this sort of victory into the "I'm a gay ally" sunset in his quest for Governor is disappointing. The impact on communities of faith that have been allies for decades is dismaying.
Like this weekend. I open the Forum section to read an entire piece about deliberative polling on same sex marriage that is first of all, dull, and secondly, completely devoid of any actual human terms. Like gay. Or homosexual. Or LGBT.
This pretty much sums up how we can sanitize the whole issue to satisfy the homos without actually having to refer to them:
This Deliberative Poll deserves careful consideration by state legislators as they consider amendments to the state constitution or constitutional referenda. And to those like state Sen. Daylin Leach, D-Montgomery County, who seek to broaden the legal recognition of same-sex couples, it appears that the issue is best framed as one of "civil marriage." This phrase combines the informed opinions of our deliberations. It draws an important distinction between state and church by differentiating the civil marriage contract from religious marriage sacraments.
As to the polling process itself, an overwhelming majority of participants found the experience helpful, enjoyable and intellectually stimulating. These were not college students, but a randomly selected sample of Pennsylvania voters, with a median age of 54.
Considering that the topic combined sex, religion and politics, perhaps we all should employ the process when our families sit down around the dinner table.
My head is going to explode. Seriously. We've spent the last week trying to get Tom Barnes or LA Johnson or Tony Norman to acknowledge that the issue of "allowing us to exist" is newsworthy. Clearly, we would be better served setting up enjoyable and intellectually stimulating experiences to sanitize discussions of homosexuality and make it more appealing by using clarifiers so as not to frighten the masses.
Listen up. Marriae has two meanings. That isn't my fault. The civil meaning has been there since the founding of this Nation and no one saw fit to change the lingo during any other great debates over the Century. So don't cry to me now about how it frightens the little Christians to share their word (and tax benefits) with the queers. That's clear. Let's move on.
If the Post-Gazette thinks this is the news thats fit to print relative to the gay community in Pittsburgh ... an entire column about gay marriage without the word gay. Sheesh.
Call 412-350-6500. Ask Onorato to remove language from the proposed Human Relations Ordinance that allows organizations receiving County funding to discriminate.... more»
This is Section 215-31(H)(1), the problematic section of the Human Relations ordinance:
Section 215-31(H)(1)
For the purposes of this Article, the definition of "employer" shall not include any
religious organization, regardless of number of employees or County funding,
provided that such religious organization provides documentary evidence of its
religious nature to the Human Relations Commission of the County of Allegheny,
and avers in writing to the Commission that gender, sexual orientation, or gender
identity constitute grounds for employment decisions under the fundamental
tenets of the religion in question. Documentary evidence of an entity's religious
nature may consist of articles of incorporation, a charter or other foundational
document for the entity, documentary evidence of tax-exempt status as a
religious institution under §501 of the Internal Revenue Code or any other
applicable Pennsylvania or federal law, or any other documentary evidence
deemed sufficient by the Commission.
This analysis has been made available to help explain why the ACLU cannot support the ordinance as currently amended. I think it speaks very well for itself. My source for this information has been Kris Rust, former chair of the Steel City Stonewall Democrats who has been working with myself and other media sources to educate the public about this process. Kris is very modest about this, but it was his initial conversation with County Councilwoman Amanda Green which sparked this ordinance. He continues to work very hard with a broad array of supporters. The ordinance in its currently amended form is attached to this post as a .pdf file.
ACLU Analysis
There are a number of problems with Section 215-31(H)(1) of the proposed ordinance. These problems are so endemic that this section should be removed from the ordinance in its entirety.First, the language of this section creates a preference for some religions over others, which is a violation of the Establishment Clause of the First Amendment to the United States Constitution.As written, Section 215-31(H)(1) exempts from the ordinance those religious organizations that “aver[] in writing to the Commission that gender, sexual orientation, or gender identity constitute grounds for employment decisions under the fundamental tenets of the religion in question.”Accordingly, the ordinance would allow a religious organization that considers gender, sexual orientation, or gender identity to be grounds for employment decisions based on its tenets to discriminate in its hiring on any basis, including race and disability.Conversely, a religious organization that does not consider gender, sexual orientation, or gender identity to be grounds for employment decisions would not be permitted to discriminate in its hiring on any of the protected categories identified in the ordinance, including race, color, religion,national origin or ancestry, sex, gender identity or expression, sexual orientation, disability, marital status, familial status, and age.This language provides a benefit to some religions — those whose beliefs require that they consider gender, sexual orientation, or gender identity in making employment decisions — that is not provided to religions whose beliefs do not require that they base employment decisions on such criteria by exempting the former from the ordinance’s nondiscrimination provisions while requiring the latter to abide by them.Such governmental preference for some religious beliefs over others is a clear violation of the Establishment Clause.See, e.g., Bd. of Educ. v. Grumet, 512 U.S. 687, 703 (1994) (“principle at the heart of the Establishment Clause [is] that government should not prefer one religion to another, or religion to irreligion”).
Second, because the ordinance prohibits religious organizations that do not consider gender, sexual orientation, or gender identity to be grounds for employment decisions from discriminating in hiring on any basis, those organizations would be precluded from considering religion in their hiring decisions, even when they are hiring clergy members.That result would plainly violate those religious organizations’ rights under the Establishment and Free Exercise Clauses and the Pennsylvania Religious Freedom Protection Act, 71 P.S. § 2401 et seq., to choose their clerical leadership.
Third, Section 215-31(H)(1)’s requirement that religious organizations “prove” their religious nature to the Commission in order to obtain the benefit of being exempted from the ordinance’s nondiscrimination requirements likely violates the Establishment Clause by creating excessive entanglement between the Commission and religious organizations.As the U.S. Supreme Court has recognized, “determining whether an activity is religious or secular requires a searching case-by-case analysis,” which “results in considerable ongoing government entanglement in religious affairs.”Corp. of Presiding Bishop v. Amos, 483 U.S. 327, 343 (1987).
Finally, allowing those religious organizations whose beliefs require them to use gender, sexual, orientation, or gender identity as grounds for employment decisions to discriminate on any basis even if they receive county funds, but prohibiting fraternal, charitable, or sectarian organizations that receive county funds from discriminating on any of the bases identified in the ordinance violates the Establishment Clause because it provides a benefit to particular religious organizations that is not provided to similarly situated non-religious organizations, namely the right to receive public funds without complying with the nondiscrimination ordinance.See Grumet, 512 U.S. at 703.
On Wednesday, July 1, 2009, the Allegheny County Council will vote upon an ordinance which would create a Human Relations Commission to ensure that County residents are not being discriminated against in the areas of employment, housing and public accommodation. No such ordinance exists at the County level. Residents of the City of Pittsburgh have protections at that level and there are statewide protections as well. 13 other municipalities in Pennsylvania have Human Relations Acts of some form.
This particular ordinance includes sexual orientation, gender identity and gender expression among the protected classes. As you might suspect, this has been a major bone of contention in socially conservative Southwestern Pennsylvania. The ordinance hearing in January 2009 drew record breaking crowds to testify for this legislation (and a some folks to testify against it such as the owner of Blumengarten Flowers who will hire gay people, but doesn't want them living near near his children.)
Over the past several months, advocates and opponents have rallied the troops and lobbied the Councilpersons to amend the ordinance based on the inevitable configuration of religious freedom versus civil rights. I'm sorry but that is how they frame it -- our basic civil rights are an affront on their religious freedoms which are CLEARLY embedded into the Constitution. It sucks, it doesn't reflect how all Christians feel but there you have what grabs headlines and spurs postcard/email campaigns. It has been the issue de jour since Nixon ... anything related to "gay marriage".
Anyway, the ordinance was heard in the Government Relations Committee last week and an amendment offered by County Councilmen Burn, Macy and Robinson added a complicated loophole that will give some religious organizations preferential treatment by allowing them to discriminate.
Essentially, it creates a registry for religious organizations to register as religiously opposed to homosexuality and thus, exempt from the ordinance. The problem for you is that it exempts them from complying with any of the ordinance. In essence, the Allegheny County Council is saying that they will condone discrimination against people of color or Jews or disabled folks in order to appease homophobes in your area. Councilman Robinson signed off on this. Granted, there are state and federal protections for those classes of people but is that the message Allegheny County wants to send to the world by embedding it in ordinance-- homophobia gives license for racism, sexism, ageism, etc --- really? (Big Registry of Hate pops to mind).
A second problem is that religious organizations receiving County funding can opt to join the Big Registry of Hate and keep their funding. Meanwhile, every other organization in the County that receives County funding must comply. How is that fair or just? Are you content to use your public dollars to fund someone who doesn't have to follow the law? That's absurd. This could actually set up a scenario where a faith based foster care/adoption agency could accept white babies only and place them in white straight married Christian homes only and it would all be perfectly legal. They would get paid for this.
Third problem is that this ordinance forces the Human Relations Commission to get entangled in figuring out which religious organizations are homophobic and which are not. The Constitutions already says this is a bad idea. How on earth would you define this -- three gay exorcisms a year and purging the choirs on a regular basis? The Catholic Church music ranks would be decimated in months. A vote by the populace? Buttons? Fred Phelps church fans? What?
Here's a fourth mind blower. The religious organizations that do not enroll in the Registry of Hate would be unable to use religion in their hiring decisions. So a gay-friendly Unitarian-Universalist Church that was interviewing for a pastor could not consider that pastor's religion in their hiring decision.
I. Am. Not. Making. This. Up.
This is a terrible turn of events. A amended, the ordinance is going to pass on Wednesday and a series of legal challenges will ensue. The good news is that the ordinance itself is worded so that it certain language is deemed unconstitutional, the rest of the ordinance stands. The really bad news is that this sets a precedent for HBO 300.
I am waiting permission to post the much more articulate and artful documents outlining this situation that I have provided. I tried to explain to a group of people last night and was met with a series of dropped jaws and disbelief. Several were churchgoers and none thought applying for dispensation based on homophobia would be a good thing.
So, here's the plan. We have three days to try and convince folks to restore the original language. Understand that the vote on Wednesday is on the whole measure, not the ordinance and the amendments. Before we tell them to vote against it, we want to try and reign it in to its original intent.
Call Dan Onorato on Monday. 412-350-6500. The message is simple: Please remove the language from the ordinance that allows organizations receiving County funding to discriminate.
In its current form, this ordinance does not embody tolerance, fairness or equal treatment.
If we can generate 100 calls to Onorato's office on Monday, it will make an impact. How many calls can you arrange? Your partner? Your mom? Your best friend? Your adult son?
Stay tuned for more details on the Allegheny County Non-Discrimination Ordinance amendment quagmire.
We MUST regain control of the ordinance language. Right now, it will allow organizations that are funded with your county tax dollars to discriminate against you. And that's just the beginning.
Put Monday on your calendar. We need you and everyone you identify as an ally to make a mental note to call Dan Onorato's office on Monday between 9 AM and 4 PM with the following message:
Ask them to remove the language from the proposed Human Relations Ordinance that allows organizations that receive County funding to discriminate.
Dan's number is 412-350-6500.
A simple five minute task folks. Please spread this around. I promise I will fill in the gory details when I have time but we have less than 48 hours to line up 100 telephone calls for Monday. Many of you tell me you want to help. If you can get one person to commit to make this call and you make it yourself, we can cut our work in half.
I would love to know how many people are calling. I've heard from about 10 folks so far. Please email me, facebook me, comment or hit me up on twitter.
Please retweet this. Get promises from people to call. The County ordinance really needs you and this will have major play when it comes to the statewide ordinance.
The Steel City Stonewall Democrats wishes to express our profound disappointment in the statement made by Senator John Eichelberger on Friday, June 19, 2009 during his debate on WHYY with Senator Daylin Leach. In that debate Senator Eichelberger made the statement (in reference to a question by Senator Leach about whether Pennsylvania policy regarding same-sex marriage should be about punishing the gay community) that Gay people were not being punished and that “we are allowing them to exist and do what every American can do…”
This statement is very hurtful because no minority group needs permission to exist. LGBT community members are important participants in the fabric and culture of Pennsylvania. It is difficult enough to listen to hurtful language about our civil rights but discussions about our right to exist are beyond the pale of civil political discourse and unacceptable from any elected leader.
We call upon leaders of both parties to repudiate this statement and request that Senator Eichelberger apologize to the LGBT men, women and children of Pennsylvania.
Steel-city Stonewall Democrats is a voice of lesbian, gay, bisexual and transgender (LGBT) Democrats in Southwestern Pennsylvania. We endorse and recommend candidates for public office, sponsor events and try to foster progressive change throughout the community.
You are a Reality-Based Intellectualist, also known as the liberal elite. You are a proud member of what’s known as the reality-based community, where science, reason, and non-Jesus-based thought reign supreme.
