Category Archives: Equality

Equality, Houston, Houston Politics

Houston Subpoenas Sermons From Anti-HERO Clergy

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In more big news about the Houston Equal Rights Ordinance, the city is taking an interesting new turn in its case.  Here’s more on the perplexing news from Katherine Driessen of the Houston Chronicle…

Houston’s embattled equal rights ordinance took another legal turn this week when it surfaced that city attorneys, in an unusual step, subpoenaed sermons given by local pastors who oppose the law and are tied to the conservative Christian activists who have sued the city.

Opponents of the equal rights ordinance are hoping to force a repeal referendum when they get their day in court in January, claiming City Attorney David Feldman wrongly determined they had not gathered enough valid signatures to qualify for the ballot.

City attorneys issued subpoenas last month as part of the case’s discovery phase, seeking, among other communications, “all speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.”

The subpoenas were issued to pastors and religious leaders who have been vocal in opposing the ordinance: Dave Welch, Hernan Castano, Magda Hermida, Khanh Huynh and Steve Riggle. The Alliance Defending Freedom, a Christian legal organization known for its role in defending same-sex marriage bans, filed a motion Monday on behalf of the pastors seeking to quash the subpoenas, and in a press announcement called it a “witch hunt.”

The city’s lawyers will face a high bar for proving the information in the sermons is essential to their case, said Charles Rhodes, a South Texas College of Law professor. The pastors are not named parties in the suit, and the “Church Autonomy Doctrine” offers fairly broad protections for internal church deliberations, he said.

When asked about the decision to subpoena the sermons in her weekly press conference, Mayor Parker immediately distanced herself from the decision, saying she knew nothing about it…

One word in a very long legal document which I know nothing about and would never have read, and I’m villified coast to coast… it’s a normal day at the office for me.  But you’re going to have to ask the City Attorney that question.

[…]

There’s no question that the wording was overly broad… It should be clarified and will be clarified.  People are rightly concerned if a government entity tries to inhibit, in any way, religious speech.  That is not the intent.

Attorney Feldman later responded, and basically echoed the Mayor’s words.  Both chalk it up to a document that they never read before issue, trusting pro bono lawyers not employed by the city to construct the subpoena.

This is what the Mayor said on Wednesday morning. But it seems in direct contradiction to what the Mayor tweeted on Tuesday night, saying the sermons are “fair game” and giving further fuel to the media firestorm…

https://twitter.com/AnniseParker/status/522238662033956866

One needs only to look at the process by which the Houston Equal Rights Ordinance was passed to see that both sides were treated with fairness and respect, even when they didn’t always deserve it.  So many in the news media seem to be rushing to the defense of the Houston Area Pastor Council, but failing to mention all of the lies and deceitful practices that they have carried out.  Just because these pastors claim to be men and women of the cloth does not mean that they are always doing God’s work.  They are the ones spreading hate and division, and deserve to be appropriately scrutinized for their actions.

But appropriate scrutiny can be well exercised without having to subpoena sermons shared with their congregations, as Feldman already stated in the press conference.  Much of that information has already been compiled by those working to protect the Houston Equal Rights Ordinance, and does not need to be extended to direct sacred practices.

Many of the people feigning complete and total outrage against the Mayor are the ones that have hated her since day one.  That’s not going to change anytime soon.  But what can change is that the city makes sure that in its effort to defend the Houston Equal Rights Ordinance, they do not isolate the many religious groups within the law’s broad community of support.  The subpoena was cause for legitimate concern, and now that Parker and Feldman have promised to redact the wording to exclude sermons, leave the issue where it is, and make sure that they correct it.  Just like in May, it’s time to practice dignity and common sense on both sides.

Texpatriate and Off the Kuff have more.

 

(photo credit:  Houston Chronicle)

Equality, Houston, Houston Politics

LGBT Discrimination in Houston Yellow Cab

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In a city as large and diverse as Houston, it’s pretty easy to get caught up in one’s own pace of life, and very easy to not be involved in local politics.  That is until local politics gets involved with you in the form of discrimination, malicious activity or an accident.  As ABC 13 reports, this is what happened to one couple enjoying a night on the town…

Travis Player and his partner, Andres Orozco, were dropped off Several blocks from their home in the Museum District recently.

“We thought he was joking until he actually pulled over,” Player said.

A cab ride home from F Bar took the fun out of Sunday Funday for them.

“We gave each other a kiss and he told us to get out of the car,” Player said.

The couple says a Yellow Cab driver kicked them out of his cab after the two started kissing, keeping it PG, in the back seat.

“The man just turns back to us and tells us that he doesn’t give gay people rides,” Orozco said. “And he proceeds to tell us we’re going to hell for being gay.”

In response to our questions, Yellow Cab sent us a statement:

“Yellow Cab immediately investigated this allegation of discrimination, including talking to the independent contractor driver. the driver stated that he would have taken the same actions if it was a man and a woman in the taxicab. Evidently, the driver was overly sensitive to passengers kissing. Yellow Cab does not have a policy about passengers showing affection in taxicabs. in fact, we encourage kissing in our taxicabs.”

“The sad reality is that it is completely legal,” said GLBT community advocate Noel Freeman.

Freeman says in the last six months, he’s heard 4 other similar stories: gay couples getting kicked out of Yellow Cab taxis, for being affectionate.

“There are no laws in the state of Texas that protect people from discrimination in public accommodations like cabs. So someone can be kicked out of a cab because they’re gay, black, because they’re a woman,” Freeman said.

The whole incident serves as a stark reminder why laws like the Houston Equal Rights Ordinance are so important.  Were the HERO law in effect today, people like Travis Player and Andres Orozco would have a direct local channel to file a complaint against that cab driver for discrimination within public accommodations.  Changing the law also decreases the incidents of discrimination because people know it’s against the law to discriminate, and they know that doing so could result in them being fined or losing their position.

Yet forces in the city of Houston are still fighting tooth and nail to destroy HERO, based on erroneous information.  For this couple’s sake, and all the other citizens of Houston, let’s hope they do not prevail.

This November, Annise Parker and none of the City Council members that passed the Houston Equal Rights Ordinance are on the ballot.  But if you care about equality throughout the state of Texas, make sure to vote for pro-equality candidates like Leticia Van de Putte, Wendy Davis, David Rosen and others.  The only way to protect all Texans from discriminatory incidents like this one is to put people in office that care about ALL Texans.

 

 

Equality, Houston

Houston Pride Festival, Parade Makes Surprise Move to Downtown

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Much to the surprise of Houston LGBT community leaders, next year’s annual Pride Festival and Parade will have a new location. Pride organizers announced the news yesterday at a press conference in Downtown.  Here’s the scoop from Joey Guerra of the Houston Chronicle…

The Houston LGBT Pride Celebration, after more than 30 years in Montrose, is moving downtown.

“Pride Houston has outgrown the space required to produce quality activities associated with the Houston LGBT Pride Celebration,” Pride Houston president Frankie Quijano said. “Downtown is already host to many successful annual festivals and parades. The downtown location also ensures greater access to parking, public transportation, hotels, emergency personnel and other facilities within walking distance of the celebration.”

At the press conference, Quijano also said that the changed was already approved by the Board of Pride Houston by a 7 to 1 vote.  Community leaders were shocked to find out about the changes, as it seems that no one was informed of this in advance of the Board vote.  Here’s more on that response, via News92FM…

Pride Houston said the decision to move the 2015 parade came because the event has gotten so big. On its website, Pride said downtown can accommodate more people, and has better parking.

But Jack Valinski, founder and former committee member of Pride Houston, said the move came as a surprise.

“I am not necessarily against the move, I am against the idea that they moved it without really talking to the community,” Valinksi said.

The website said committee members met with the Mayor Annise Parker’s office, with the Houston Police and fire department.

But Valinski said the committee did not meet with the LGBT community.

“This is where our heart is and this is where the center of our universe is, Montrose and Westheimer,” Valinksi said, “and the fact that they’re leaving that are without consideration of even talking to people is a real slap in the face to the community.”

Several aspects surrounding the announcement seem suspect as well. Pride Houston chooses this week to break the news knowing that Mayor Parker is on a trade mission in Asia, and therefore unavailable to share her insight on the community’s concerns.

If Pride Houston has indeed outgrown the neighborhood, it stands to reason that organizers want to institute a sound plan for its future.  Houstonians are incredibly supportive of the LGBT community, and want the Pride celebrations to continue to grow.  But having a vote with little public notice, followed by a stealth and sudden announcement was not the way to make those changes happen. Many Montrose businesses count on Pride festivities, not just for increased sales during that one week, but as critical promotion and advertising so that customers will come back throughout the year.  As a longtime partner in the area, Pride Houston had an obligation to work with community leaders and business professionals affected by the move, and should have done so before this decision came up for a vote. 

Even with those huge missteps, this will hopefully be a good move for the City of Houston.  No one can deny the special role that Montrose has played, and continues to play in national LGBT history, as well as the movement for equality.  Today GCAM, the Gulf Coast Archive and Museum of LGBT History, is actively working to establish a permanent museum site for these treasured stories.  Growing pains are being felt all over the Houston region, and Pride festivities are no exception to that swell.

Though the decision has already been made (and Pride Houston makes that very clear on their website), there will be a forum this Saturday to discuss the move and its various implications.  If you have comments, this is the place to share them with others, and have all community perspectives be heard.  Let’s hope that Pride Houston learns from their mistakes on this one.

 

Equality, Texas Politics

DPS Discrimination: Texan Refused License Over Marriage Certificate

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In the business of everyday life, it’s sometimes easy for LGBT Texans to forget about the huge inequalities that they face due to state government.  If you haven’t been fired because of your sexuality, you may not think it’s a problem for others, or just not feel the need to act strongly on the issue.

But this week, John Wright of the Texas Observer notes the story of one family’s struggle which hits painfully close to home.  A Texas woman and legal, licensed driver in her former home state of California was denied the ability to obtain a Texas license, simply because her official state-issued marriage certificate revealed that she is LGBT…

After Connie Wilson married her partner of nine years in California last year, she took her wife’s last name, Wilson, which now appears on both her California driver’s license and her Social Security card, in addition to all of the couple’s financial and medical records.

This summer, the couple relocated to the Houston area with their three children for work. With her California driver’s license nearing expiration, Wilson took her documents to a DPS office in Katy last week to obtain a Texas driver’s license. When a DPS employee noticed that Wilson’s name didn’t match her birth certificate, she produced the couple’s California marriage license identifying her spouse as Aimee Wilson.

“Her only words to me were, ‘Is this same-[sex]?’” Connie Wilson recalled. “I remember hesitating for probably 10 seconds. I didn’t know how to answer. I didn’t want to lie, but I knew I was in trouble because I wasn’t going to be able to get a license.”

Wilson eventually responded that although California doesn’t differentiate, she happened to be married to a woman.

“She immediately told me, ‘You can’t use this to get your license. This doesn’t validate your last name. Do you have anything else?’” Wilson said. “She told me I would never get a license with my current name, that the name doesn’t belong to me.”

Texas has both a state statute and a constitutional amendment prohibiting recognition of same-sex marriages from other states. However, Wilson contends she isn’t asking DPS to recognize her marriage, but rather trying to obtain an accurate driver’s license reflecting her legal name according to the state of California and the U.S. government.

“I’ve been deprived the freedom to drive a vehicle once my current California driver’s license expires,” Wilson said. “I’m further being deprived the freedom to use air travel, make purchases that require a valid photo identification, seek medical attention for myself or my children, as well as other situations that would require proving who I am legally as an individual.”

Just so we are clear, California is just as much a part of the United States of America as any other state.  Yet, according to Texas law, our DPS workers apparently have the right to discriminate between official documents from other states just based on the names listed.  How is it possible that DPS workers accept one California marriage license as documentation, but then turn around and refuse another simply because the persons listed may be of the same sex??  This is absolute discrimination.  You can be certain that Mrs. Wilson, with the help of Equality Texas and other groups, will pursue this issue to the fullest extent of the law, as they should.

Beyond discrimination, this action is a violation of the United States Constitution, under the “Privileges and Immunities Clause”.  Here’s  Article IV, Section II from the Articles of Confederation, via the Cornell University Law School Page…

Section 2.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A license is a legal privilege as given by a state.  So for Texas to refuse recognition of a privilege granted in California is an act directly against the Constitution.  This is an offense made all the worse due to direct discrimination committed by Texas DPS.

Equality, Houston

University of Houston Receives Accolades for LGBTQ Inclusion

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For those that attend, college can be a pivotal time in young adulthood.  During those years, people work to formulate their identity for the first time away from the shadow of their parents, and many of the ideas they may have known as “truth” may be challenged.  In the case of LGBTQ students, college can often be the time when they not only learn who they are, but learn that it is ok to be who they are.  Studies at a supportive, LGBTQ-inclusive university can make all the difference in the world to someone taking this life journey.

Luckily the city of Houston has a pioneer institution when it comes to LGBTQ inclusion, and they have been nationally recognized as such. The University of Houston was recently named one of ‘7 Brave LGBT Campuses in the South’ by The Advocate magazine.  Here’s more from The Advocate on why they chose to highlight UH…

This past year the University of Houston student senate passed the Josephine Tittsworth Act. The student bill is an attempt to address the safety concerns of transgender people on campus. The bill allows transgender students to use their proper name, title, and gender when completing official university documents.

Today the university boasts a full-service LGBT Resource Center with a program director, student staff, a large selection of annual programming, and an LGBT studies program. As stated, the mission of the center is “to launch the next generation of healthy, proud, academically successful LGBTQ citizens, leaders and advocates.” Some of the center’s key programs include a Peer Mentoring Program to help assist newly LGBTQ-identifying students, a speakers bureau, and a brown bag social lunch to help foster relationships between students and faculty. Programs for faculty and staff include the Cougar Ally Training on LGBTQ issues as well as multiple Cougar Ally Lunch ‘N’ Learns, which provide discussions on select LGBTQ issues.

When informed of the news, UH Student Senator James Mateo Lee had this comment…

I’m happy that the work of the University of Houston Student Government Association has been recognized and I think it really shows the impact a small group of students can have. Many of the reasons UH has become more inclusive and welcoming of the LGBT community have been because of small groups of students who have pushed for action from our leaders. It’s a clear indication that even in the South, we can make change happen.

Furthermore, I think this really shows the type of impact student government can have if we work hard and act professionally. This is what student government should aim to do, we shouldn’t be starting public fights with our allies in the Texas Senate like the current SGA president has done.

Lee, along with other University of Houston student leaders and alumni, also played an integral role in the recent passage of the Houston Equal Rights Ordinance by giving testimony at Houston City Council, lobbying Council Members before the vote, and organizing support within the community.

In 2008, UH became the first university in Texas to offer an LGBT studies minor, and the program has remained popular ever since.  With support from all levels of the campus community, students can definitely find a place to belong at UH.

Equality, Houston, Houston Politics

HERO Opponents Beg Texas Supreme Court For Repetitive Action

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Apparently the opponents of the Houston Equal Rights Ordinance cannot take “yes” for an answer.  Even after Mayor Annise Parker already agreed that HERO will not be enforced until all matters are settled in court, the anti-equality group is not satisfied in the least.  Here’s the Houston Chronicle’s Mike Morris with more…

Opponents of Houston’s equal rights ordinance have asked the Texas Supreme Court to force the city secretary to certify the signatures on a petition they submitted seeking to trigger a repeal referendum on the law.

Houston’s 14th Court of Appeals denied a similar request on Aug. 15, ruling that the emergency writ of mandamus would have the same result as a favorable ruling in the pending lawsuit opponents filed against the city earlier this month. The plaintiffs, the judges wrote, could appeal after a ruling comes down at the trial court level.

Trial in that case is set for Jan. 19.

The new filing with the Supreme Court, turned in late Tuesday, is similar to the group of conservative pastors and activists’ previous requests. It seeks to have the court force the city to suspend enforcement of the ordinance, to put the ordinance to another vote of the City Council and, if the council does not repeal it, to put the issue before voters.

The case already scheduled for January is seeking a writ of mandamus— a court-ordered directive for the signatures to be certified, and therefore require a referendum.  But the filing to the Texas Supreme Court asks for virtually the same thing, though both sides know the January trial is already pending.

Some may wonder… if the Mayor and the City are already giving HERO haters what they want by suspending enforcement of the ordinance, why is it necessary to keep crying for a court-ordered suspension?  It’s proving to be not only a waste of time for our court system, but as Off the Kuff points out, is surely costing a mountain in legal fees.

The simple answer?  Because politics.

For one thing, the recently ousted Jared Woodfill needs something to do, or else he risks losing all relevance with the political elite.  Parker’s decision to preemptively suspend the law is a special thorn in the opponent’s side because it denies them any possible political win.  If the Houston Equal Rights Ordinance is not in effect, they don’t get to shout from the rooftops that their court order was able to suspend it.  So instead they’re trying for the next best thing… a milk-toast version of victory via paper.  In order to give their cause any hope, they are desperate for something to cling to.

It’s true that anything could happen with the Texas Supreme Court.  They may choose to take the case and push HERO to a referendum.  But even in that event, supporters are the law are ready for the fight… whether it takes place today, in January or years down the line.

See Texpatriate for more analysis on this, including a better explanation of the actual legalese.

Equality, Houston, Houston Politics

Houston Equal Rights Ordinance Won’t See 2014 Ballot

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After dropping a temporary restraining order, a State District Judge has set the all important court date for the Houston Equal Rights Ordinance.  As a result, Houstonians will not be voting on HERO in 2014.  Here’s the story from Mike Morris of the Houston Chronicle…

Opponents of Houston’s equal rights ordinance dropped their request for a temporary injunction Friday that could have triggered a repeal referendum this November.

Now, their lawsuit against the city is scheduled to be heard Jan. 19, 2015, a trial date ordinance opponents called “expedited” and among the reasons they agreed to withdraw the request. For the city, though, the withdrawal marks a victory in what could be a lengthy legal battle.

The injunction sought by the ordinance foes would have forced City Secretary Anna Russell to certify their petition and sent the issue to an emergency city council vote in order to get the repeal referendum on the November ballot. The group of conservative pastors and activists was also asking the city to suspend enforcement of the ordinance, though Mayor Annise Parker had already agreed to do so until a ruling is issued.

The expeditious trial date is welcome by supporters and opponents, because in the case of HERO, all parties want answers as soon as we can get them.  By Parker’s order, the Houston Equal Rights Ordinance is still not in effect because of the anticipated legal drama, and the longer we wait to enact the law is the longer that Houstonians have to endure city-sanctioned discrimination.

But at least for now, both sides can plan their actions accordingly, knowing that they do not have to wage an aggressive ballot campaign for this November.  However, there is still a possibility that the signatures could be ruled valid and HERO would then come up for a referendum in 2015… a scenario that many municipal candidates are not excited about.

Many have debated on which year would be best to have a HERO referendum, and depending on the circumstances it could be won or lost in either 2014 or 2015. The 2014 ballot would yield higher turnout than the municipal-only contest next year. But given that it’s solely a City of Houston measure, supporters of HERO are cautious, but confident they could win in any scenario. After all, this is the same electorate that supported Mayor Parker in three mayoral elections (nine if you count back to her Council Member days), even after enacting a similar non discrimination Executive Order in 2010. Any way you see it, Houston voters have shown that they support the principles of equality and fairness, which is unlikely to change.

Off the Kuff and Texpatriate have more.