2/7/2012
By CHRIS HUNTER Salina Journal
A proposal to add sexual orientation and gender identity to the list of protected classes under the city's equal opportunity and affirmative action ordinance could come before the Salina City Commission as soon as 90 days.

The proposal was brought to commissioners Monday by Janice Norlin, a Salina attorney, during the meeting's citizen forum. The change would make it illegal to discriminate against people because they are homosexual, transgendered or bisexual.

By a 3-2 vote, commissioners directed staff to place the change on the agenda in the next three months. Mayor Samantha Angell and Norm Jennings were opposed. Jennings asked for time for the city to "do it right," saying he believes the city could end up looking at the entire equality ordinance.

"If it were up to me, there wouldn't be a need for a distinction for what classes should be protected," Jennings said after the meeting. "If we look at expanding protected classes, we should not take into consideration one group, but take into consideration everyone."

Norlin asked commissioners to approve the change Monday.

"This is the civil rights issue of the 21st century," Norlin told commissioners. "Right now, lesbians, gays, bisexuals or transgenders can be fired or evicted on the basis of their sexual orientation and/or gender identity. Salina is better than that."

City Manager Jason Gage said the city often has followed state law regarding protected classes. Sexual orientation and gender identity are not protected under state law.

"I think the protections afforded by our current ordinance and the state and federal government are adequate," Angell said after the meeting.

Angell said she doesn't see a need to expand the current ordinance.

"The state and federal government don't push the agenda in Salina," said Commissioner Aaron Householter. "This is my city. We make our own rules. We will dictate and legislate what human standards are. We led with the smoking ordinance and the state followed behind. We can do it here, too."

Commissioner Barb Shirley said she believes the Constitution protects everyone, even if it doesn't specifically list classes.

"The 14th Amendment clearly states that no state shall deprive any person of life, liberty or property without due process of law nor deny any person within its jurisdiction equal protection under those laws," Shirley said after the meeting.

Shirley said discrimination is another form of bullying.

"Everyone should have equal treatment and access to the basics of life," she said after the meeting. "This includes fair housing, employment and the feeling of being safe in your surroundings."

Public comment needed

Gage said commissioners will have a lot of options to look through if they consider any changes.

He said he wants the process to be as objective as possible and suggested the changes go through the city's human relations commission.

The city's human relations commission will hold public comment sessions at their monthly meetings.

Jennings said the city commission and staff need time to study the issue and hear from the public.

"This is the kind of issue that tends to tear people apart," Jennings said after the meeting. "One of the fears is how it will be handled. If we handle it hastily, we could alienate different people on both sides. People could be hurt by the feeling of it being rushed. We have a legal responsibility to get it right."

Gage also said the commission also could put the issue to a public vote.

"This isn't 1950s Alabama," Householter said. "If you would have put civil rights on the ballot then (in Alabama), you wouldn't get the results. I don't think we should put this to a vote. This is a human rights issue." He then apologized to anyone from Alabama.

Householter said he wants to make sure the issue is addressed soon.

Angell said she didn't believe it was necessary to have a timetable.

"We would have had it by then (90 days)," Angell said after the meeting. "Staff doesn't have any intent to let this sit on the desk and not work on it."

Householter said he expects the city to pass a similar ordinance to what was submitted by Norlin at the end of the 90 days.

"This is a no-brainer to me," Householter said after the meeting. "We protect everyone in this community. No one should feel left out for whatever reason."

Opposition at meeting

Robert Noland, executive director of the Kansas Family Policy Council, came to the meeting from Wichita to oppose the change.

"The effects of the bill are not minimal," Noland said. "This opens up a large loophole for business owners and institutions in your city. These (sexual orientation and gender identity) are subjective categories."

Noland said business owners and landlords don't have a reason to know the gender identity or sexual orientation of their renters or employees.

Noland asked commissioners to "slow down and think of the implications."

"I don't see the perceived far-reaching repercussions, unless I am just stupid," Householter said. "This is a serious issue. I don't see it is worth this obnoxious fight. Are we a city that protects people's rights or a city that is going to water this thing down and drag it out six months. We don't need five, 10, 15 or 20 meetings on this thing. This is basic human rights."

Householter's comments drew applause from the crowd.

While he supported the ordinance as written, Householter said he hopes the public meetings will change the mind of those opposed.

Shirley said she doesn't want the issue to drag out like a similar ordinance did in Manhattan.

Noland's group opposed the ordinance in Manhattan and is arguing against another proposal in Hutchinson.

"Some commissioners got threats in the mail," Shirley said. "We don't need people from outside our local area coming in having an opinion."

Gage said outside opposition and support will come with openness. He said there is no excuse for threats.

Standing room only

People packed Room 107 of the City-County Building Monday because of the proposed ordinance, with some even standing in the back of the room. Most appeared to support the change.

Claudette Almaraz told commissioners that she watched as her brother suffered discrimination throughout his life because he was homosexual. Almaraz said she also was speaking out because black people had been through the same discrimination.

"There was a time when we (Almaraz and her daughter) couldn't speak in this building (because they are black)," Almaraz said. "It wasn't until a small group of citizens said, 'We are not going to allow you to be treated like this.' This is that time and you (commission) are the small group of citizens that can change the city. I implore, no beg, you to say, 'We will not accept discrimination.' "

David Silverman, a professor at Kansas Wesleyan University, and Hugh Irvin, professor at Kansas State University at Salina, said both of their schools have similar regulations to what was proposed to protect students and faculty.

Irvin said he knows of a Salina couple who couldn't appear at the meeting out of fear of being fired from their jobs because they are homosexuals.

Stephanie Mott, chairwoman of the Kansas Equality Coalition, said she struggled to live for a man for 48 years before transitioning to a woman -- which she said was always in her heart.

"So many things were sending messages to me whether it was OK to be transgender," Mott told commissioners. "Now, I am living an amazingly wonderful, joyous life. I live as a woman, which is who I am."

Some against change

Cheryl Harp, of Salina, said she didn't feel homosexuals were being discriminated against in Salina.

"I have worked with homosexuals," Harp said. "Their job performance is no better or no worse than those of heterosexuals."

Harp said she had been fired from a job because her boss didn't like her laugh, and she didn't feel homosexuals needed special protection.

Carol Reed said she has never been asked her sexual preference when she applied for a job or tried to rent a house.

Reed said any incidents of discrimination are isolated.

"The city does a good job respecting the homosexual community," Reed said. "We respect people as male and female. Salina hasn't been unfriendly, unloving or unkind."

-- Reporter Chris Hunter can be reached at 822-1422 or by email at chunter@salina.com.

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