Tag Archives: Houston Equal Rights Ordinance

Texas Politics

Texoblogosphere: Week of October 28th

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The Texas Progressive Alliance says VOTE VOTE VOTE as it brings you this week’s roundup.

Off the Kuff published an index to all his interviews and judicial Q&As for the 2014 cycle.

Libby Shaw writing for Texas Kaos and Daily Kos is not going to be quiet about the blatantly discriminatory Voter Photo ID poll tax law. Texas Voter Photo ID Law Disenfranchises 600,000 to 744,980 American citizens.

From WCNews at Eye on Williamson. Proposition 1 will do little if anything to address the neglect of the last 20 plus years. Is it worth voting for? Probably not, but it’s likely to pass anyway. Proposition 1 – The Least They Could Do.

A very powerful statute designed to short-circuit the anti-First Amendment SLAPP suits filed in Texas is explained in this post at PDiddie’s Brains and Eggs.

CouldBeTrue of South Texas Chisme urges you to vote and support not only women’s health, but the health care for all Texans.

Neil at All People Have Value offered his 2014 ballot for elections in Texas and Harris County. APHV is one of many interesting pages to see at NeilAquino.com.

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And here are some posts of interest from other Texas blogs.

BOR offers endorsements in the Austin City Council races.

Hair Balls profiles the outside agitators that are fighting to repeal the Houston Equal Rights Ordinance.

Texans for Public Justice documents just how much the payday lenders love Greg Abbott.

Lone Star Q rounds up Texas candidate endorsements by LGBT groups around the state.

The Texas Election Law Blog makes a valiant effort to calculate the administrative cost of voter ID in Texas.

Robert Rivard wants to know why you’re not voting.

Texas Clean Air Matters calls out the Heartland Institute for misinformation about wind energy.

Nancy Sims explains how voter ID disenfranchised her (straight-GOP-ticket-voting) father.

Mary Flood urges everyone to make informed votes for judicial candidates.

 

Today’s feature photo is the Mission San José y San Miguel de Aguayo in San Antonio, Texas, a national historic site and of major importance to Texas history.  Find out more by visiting San Antonio Missions National Historical Park.

Houston, Houston Politics, Politics, Texas Politics

City Revises Subpoenas, Removes Request For Sermons

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Since the story caught wildfire and continues to ricochet across the internet, the City of Houston has decided to revise the HERO Subpoena request.  Here’s more from Mike Morris of the Houston Chronicle…

Mayor Annise Parker on Friday followed through on her pledge to narrow the scope of subpoenas sent to local pastors who led opposition to the city’s equal rights ordinance earlier this year.

Though the subpoena’s new wording removes any mention of “sermons” — a reference that created a firestorm among Christian conservative groups and politicians, including Texas Attorney General Greg Abbott and U.S. Sen. Ted Cruz, who accused Parker of trying “to silence the church” — the mayor acknowledged the new subpoenas do not explicitly preclude sermons from being produced.

“We don’t need to intrude on matters of faith to have equal rights in Houston, and it was never the intention of the city of Houston to intrude on any matters of faith or to get between a pastor and their parishioners,” Parker said. “We don’t want their sermons, we want the instructions on the petition process. That’s always what we wanted and, again, they knew that’s what we wanted because that’s the subject of the lawsuit.”

As readers know, the subpoenas became the quick subject of national news, rising up through the Conservative blogosphere, and landing major fodder for every media outlet from Fox News to Time magazine.  And yes of course, Texas Leftist was also reeled in hook, line and sinker.

Further into the press conference, Mayor Parker reveals to ABC 13 reporter Miya Shay that she doesn’t regret the city’s actions…

Miya Shay: “Mayor do you think you would’ve bothered to change the language if not for all of the attention?”

Mayor Parker: No, we wouldn’t have.  They knew what we wanted. […] There was nothing inappropriate with their request, but it was worded in a way that allowed misinterpretation.  But no, we wouldn’t have weighed in if it hadn’t been brought to our attention.

Attorney Feldman also commented that the other side broke protocol in an effort to gain press attention.

Feldman:  In the normal discovery process… if the other side has a problem your discovery request, before you file a motion to quash, you are supposed to confer about the issue.  Had they done that in this case… they could have told us they had an issue with this request, and we would’ve agreed.  But they decided to make it a media circus.

From watching the press conference,  it seems pretty clear that the issue has caused a fair amount of stress for the Mayor’s office, due to the heinous amount of hate mail it has likely generated.  Parker was very direct with her responses, and probably just wants the saga to be over. In the end though, it is much better that the City revise and clarify the subpoenas so as not to mislead people assuming sinister intentions.

Firestorm aside, the most important aspect of these cases is yet to come.  The actual trial to determine if there will ever be a HERO referendum takes place in January.  Just remember that as was seen this week, the Houston Equal Rights Ordinance is still needed, and in fact laws like it need to be expanded to citizens across the state.  Kudos to the Mayor and the City Attorney on fulfilling a promise they made earlier in the week.  For the sake of all Houstonians, let’s try to move forward from this misstep.

Check out the press conference below…

 

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 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.

Equality, Texas Politics

Wendy Davis on LGBT Issues

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By now, most Texans probably know that Wendy Davis is running for Governor, and that she is one of the first Democrats to have a serious shot at the state’s highest office in a long time.  But as more people become tuned in to the campaign, they may be trying to figure out where she stands on certain issues.  Particularly when it comes to LGBT rights, Wendy’s public comments have been limited at best.  There is also no section on LGBT issues or equality on the Wendy Davis website.

In a recent visit with supporters of the Houston Equal Rights Ordinance , the Senator took some time to share her viewpoint. The group was gathered to review the recent petition submitted by opponents of the ordinance.  Davis came in for a brief visit and said that she is a supporter of the cause. She also spoke about the importance of promoting full equality for all Texans.  Although Davis did not to single out the LGBT community directly, she did give us a reminder of why this year’s elections are so important for LGBT Texans…

“We are getting ready to face a very tough legislative session next year, with more members than ever that do not support equality.  The next Governor will play an important role in determining what laws get passed, and what does not.”

This message is critical for people to understand.  Even if all of the Democrats running statewide were elected, the Texas legislature is still likely to not only be heavily Republican, but heavily weighted against the LGBT community, as over 60 GOP have already stated in a recent amicus brief.  If elected Governor, Wendy Davis’ most important power may be that of the veto, especially where it comes to LGBT rights and protections.  Davis won’t be in a position to propose sweeping changes, at least not much that can realistically get passed through the Texas House and Senate.  But she can be the last line of defense for anything that is directly malicious to the LGBT community or the cause of equality.

On the other hand, an Abbott administration could be very disturbing for LGBT Texans.  The Attorney General has just recently confirmed his beliefs linking same-sex marriage to incest and  pedophilia.   That combined with the fact that some of his closest donors are virulent supporters of debunked “reparative” therapy, Texas has much to fear if Greg Abbott makes it to the Governor’s mansion.

For those seeking to end workplace discrimination for all protected classes, their vote should be for Wendy Davis this November.  On marriage equality, Davis has made her views quite clear as well. Here’s what she told the San Antonio Express-News when seeking the paper’s endorsement…

Davis, asked if she would push to repeal the state constitutional provision on gay marriage if elected governor, said, “I would certainly open up that conversation with the Legislature.

“I think it’s important, and I think that people across this country are evolving on that issue and moving in a direction that demonstrates support for it, so I think it is time to re-open that conversation and ask Texans where they are on it to see if that’s something that we might change legislatively if it doesn’t happen constitutionally,” she said.

Personally, I think it is sad that LGBT rights have to even be discussed in the Texas Governor’s race, and continue to hope for a time when those rights are no longer subject to party politics.  But 2014 is not that time.  If you are someone that believes in full equality for the LGBT community, the choice this November should be clear in the state of Texas.