Proposition 1 was a referendum held on November 3, 2015, on the anti-discrimination ordinance known as the Houston Equal Rights Ordinance (HERO). The ordinance was intended to improve anti-discrimination coverage based on sexual orientation and gender identity in Houston, specifically in areas such as housing and occupation where no anti-discrimination policy existed. Proposition 1 asked voters whether they approved HERO. Houston voters rejected Proposal 1 by a vote of 61% to 39%.[1]
In 2014, neither U.S. federal law nor Texas statewide law specifically covered sexual orientation or gender identity in employment and housing discrimination and services. On May 28, 2014, the Houston City Council voted 11–6 to enact the Houston Equal Rights Ordinance (HERO) which was authored by Houston's then-Mayor, Annise Parker.[2] The measure banned discrimination on the basis of sexual orientation, gender identity, sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy, genetic information, family, marital, and military status. The ordinance applied to businesses that serve the public, private employers, housing, city employment and city contracting. Religious institutions would be exempt. Violators could be fined up to $5,000.[3]
Opposition to HERO arose because the ordinance protected "transgender residents' ability to use the restroom consistent with their gender expression, regardless of their biological sex."[4] HERO became known to some as the "Bathroom Law."[5] Shortly after the ordinance passed, opponents of HERO drafted a petition and began gathering signatures to add a ballot measure to the November 2014 ballot to repeal the ordinance. City law required 17,296 valid signatures from registered Houston voters for a successful veto referendum petition, which would require the city council to either rescind the targeted ordinance themselves or put it before voters. This requirement was calculated by taking 10 percent of the greatest number of votes cast for mayor in any of the three preceding years. Moreover, signatures had to be submitted before the ordinance was scheduled to take effect or within 30 days of the publication of the approved ordinance, whichever came first. Opponents of HERO presented about 50,000 signatures to the Houston city secretary's office on July 3, 2014.[4]
Although the city secretary found enough valid signatures to make the petition sufficient, the city attorney advised her of certain problems with enough of the petition sheets to invalidate the petition. These problems included signature gatherers who were not registered to vote and petition sheets that were not signed by the signature gatherer responsible for them, as well as other, more technical problems. The city announced that the opponents were 2,022 signatures short of the 17,269 needed to put the matter to a vote.[6][7] HERO opponents filed a lawsuit[8] against Mayor Annise Parker and the city on August 5, 2014.[2] In response, city attorneys defending the law filed subpoenas for sermons from local Christian pastors. Attorneys for the pastors called the subpoenas retaliation against Christians for opposing the ordinance. Parker maintained that the attorneys who dealt with the lawsuit for the city were outside lawyers (i.e., not city employees) and that she and City Attorney David Feldman had been unaware of the subpoenas. After what some news organizations called a "firestorm"[9][10] of criticism over the subpoenas (Parker said that she had been "vilified coast to coast"[10]), Parker directed the city's attorneys on October 29, 2014, to withdraw the subpoenas.[11]
After the subpoenas were withdrawn, local city pastors filed a civil rights lawsuit against Parker.[12] The lawsuit went to trial on January 19, 2015. Feldman announced on December 19, 2014, his plans to resign from his position as Houston City Attorney shortly before the trial began. He said that the primary reason for his resignation was a desire to return to private practice. He also noted, however, that his decision to resign was related to the lawsuit as well, saying, "Being on the outside, I'm going to be a lot freer to tell the story and to explain it to people and to debunk the myth." As reported by the Houston Chronicle, Feldman noted, too, that if he testified in the trial as the city attorney, it would prohibit other attorneys from the city's legal department from serving as counsel for the city.[13][14] On February 13, 2015, a jury issued a verdict saying that while the petitions did not contain instances of fraud, they did contain forgeries and instances of failure to follow proper procedure. District Judge Robert Schaffer then initiated a recounting process to determine whether or not opponents of HERO had gathered enough valid signatures to satisfy the threshold of 17,296. Following the verdict in February, both sides claimed victory. A definitive answer, however, did not emerge until Judge Schaffer's ruling on April 17, 2015, when he determined that the opponents of the ordinance had not gathered enough valid signatures.[15][16]
In May 2015, opponents of the ordinance asked the Texas Supreme Court for a writ of mandamus against the city of Houston. On July 24, 2015, the court granted this petition and ruled that the Houston City Council should have honored the city secretary's initial signature count and must either repeal the ordinance or include it on the November 2015 ballot, writing in a per curiam opinion, "We agree ... that the city secretary certified their petition and thereby invoked the city council's ministerial duty to reconsider and repeal the ordinance or submit it to popular vote. The legislative power reserved to the people of Houston is not being honored."[17]
The original ballot language crafted by the City of Houston was also challenged in court. After the Texas Supreme Court threw out the original wording, the city revised the ballot language.[18]
The following question was placed on the 2015 general election ballot in Houston as Proposition 1:
Are you in favor of the Houston Equal Rights Ordinance, Ord. No. 2014-530, which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual's sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy?[18]
On November 3, 2015, Houston voters voted by a 61%–39% margin to reject Proposition 1.[19] This vote overturned the Houston Equal Rights Ordinance (HERO).
The appeal of Judge Schaffer's ruling is currently[timeframe?] on hold in the Fourteenth Court of Appeals, with further litigation still possible.[20] On November 24, 2015, Jared Woodfill, the lead plaintiff who sued the city, asked the case to be dismissed as moot.[21] On December 15, 2015, the Court of Appeals announced it would consider the motion to dismiss alongside the merits of the case.[22] On January 12, 2016, the Court ordered Jared Woodfill to file a brief on the merits by February 8, or the appeal would be dismissed, allowing Schaffer's ruling to stand.[23]
Support and opposition
A "YES" vote was a vote to retain the Houston Equal Rights Ordinance; a "NO" vote was a vote to repeal it.
Yes on Proposition 1
Proposition 1 gained the support of various citizens and organizations.[24] The "YES" side raised $1,918,552 (as of December 4, 2015).[25]
On November 10, President Barack Obama officially announced his support for the Equality Act of 2015.[52]
Houston MayorAnnise Parker stated: "I fear that this will have stained Houston's reputation as a tolerant, welcoming, global city. I absolutely fear that there will be a direct economic backlash as a result of this ordinance going into defeat and that's sad for Houston."[53]
Sylvester Turner, who ran against Bill King in the 2015 Houston mayoral runoff election, said he is "100 percent" committed to reenacting Houston Equal Rights Ordinance (HERO) and attacked Bill King for saying he won't revisit the issue of HERO, along with his support from the Campaign for Houston.[54] On December 12, 2015, Sylvester Turner beat Bill King and won the 2015 Houston mayoral runoff election.[55]
In reaction, the NFL announced it will not alter plans to have the city host Super Bowl LI.[57] Website Outsports claimed that the outcome of the vote could mean that "Houston is no longer a 'safe place' for LGBT people to visit or do business, as they can be turned away from a hotel or by a waiter or cab driver, simply for 'looking or acting' gay or being trans".[58]
This is a list of notable events in the history of LGBT rights that took place in the year 1997.
The LGBTQ+ Victory Fund, commonly shortened to Victory Fund, is an American political action committee dedicated to increasing the number of openly LGBTQ public officials in the United States. Victory Fund is the largest LGBTQ political action committee in the United States and one of the nation's largest non-connected PACs.
Annise Danette Parker is an American politician who served as the 61st Mayor of Houston, Texas, from 2010 until 2016. She also served as an at-large member of the Houston City Council from 1998 to 2003 and city controller from 2004 to 2010.
The Houston mayoral election of 2009 took place on November 3, 2009, to elect the successor to incumbent Mayor Bill White. White was ineligible for re-election, having served three terms. The race is officially nonpartisan. After no candidate received a majority of the votes, the top two candidates – City Controller Annise Parker and former City Attorney Gene Locke – faced each other in a runoff election on December 12, 2009. On November 11, councilman Peter Brown publicly endorsed Parker in the Mayor's race. Annise Parker won the run-off.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan may face some legal challenges not faced by non-LGBT residents. Same-sex sexual activity is legal in Michigan, as is same-sex marriage. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023.
Robert Leonard Schenck is an American Evangelical clergyman who ministers to elected and appointed officials in Washington, D.C., and serves as president of a non-profit organization named for Dietrich Bonhoeffer. Since 1982, Schenck has preached in all 50 states, several Canadian provinces, and over 40 countries. He is the subject of the Emmy Award-winning 2016 Abigail Disney documentary, The Armor of Light. Once a prominent anti-abortion activist, Schenck has since repudiated this work and shifted leftward on some of his socially conservative views, testifying before a congressional committee regarding statements in his book about the Supreme Court. He distanced himself from past views and actions, stating in a blog post that he had "promulgated" lies in the past.
The Houston LGBTQ+ Political Caucus is the South's oldest civil rights organization dedicated solely to the advancement of gay, lesbian, bisexual and transgender rights. It was founded in 1975, and is the largest LGBTQ political organization in the city of Houston and Harris County. It is known locally simply as "The Caucus". The Caucus is nonpartisan and endorses candidates on the basis of their support for LGBTQ rights, regardless of political party or candidate's sexual orientation.
Phyllis Randolph Frye is an Associate Judge for the Municipal Courts in the US city of Houston, Texas. Frye is the first openly transgender judge appointed in the world.
Lesbian, gay, bisexual, and transgender (LGBT) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in the state in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBT residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in the state and same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.
The state of Texas, located in the south in the United States, contains a large community of LGBTQ+ citizens. More specifically, the city Austin, Texas has the third largest population of LGBTQ+ people based on the size of the city. Austin, Texas, and Texas in general, is home to several icons of the LGBTQ+ community such as Karamo Brown, co-founder of the LGBTQ+ group "Queer Eye" and Demi Lovato, a queer artist and activist. There is history of heavy violence against the LGBTQ+ community within Texas such as riots, as well as liberation and parades celebrating those within the community.
The U.S. state of Texas issues marriage licenses to same-sex couples and recognizes those marriages when performed out-of-state. On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges. Prior to the U.S. Supreme Court's ruling Article 1, Section 32, of the Texas Constitution provided that "Marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." This amendment and all related statutes have been ruled unconstitutional and unenforceable. Some cities and counties in the state recognize both same-sex and opposite-sex domestic partnerships.
Houston has a large and diverse LGBT population and is home to the 4th largest gay pride parade in the nation. Houston has the largest LGBT population of any city in the state of Texas.
The 2015 Houston mayoral election was decided by a runoff that took place on December 12, 2015, to elect the Mayor of Houston, Texas. As no candidate won a majority of the vote during the general election on November 3, 2015, the run off was held between the top two finishers, Sylvester Turner, who received 31.31% of the vote, and Bill King, who received 25.27%. In the run-off, Turner edged King, 51% to 49%, to become the 62nd Mayor of Houston.
Jared Ryker Woodfill V is a Texas lawyer and political figure who was chairman of the Harris County Republican Party from 2002 to 2014. He was elected chairman of the county party for six two-year terms. After being ousted from the chairmanship of the county party in 2014, Woodfill launched two unsuccessful campaigns for the chairmanship of the Texas Republican Party. Woodfill is known for his socially conservative views activism, including his opposition to the Houston Equal Rights Ordinance, which was repealed in a 2015 referendum.
Eugene Local Measure 51 was a 1978 petition calling for a referendum in Eugene, Oregon, to repeal Ordinance no. 18080, which prohibited sexual orientation discrimination in the city. VOICE created and campaigned for the petition, and gathered enough signatures to force a referendum vote. Measure 51 passed with 22,898 votes for and 13,427 against. This bill's passage garnered national attention, with Miami anti-gay activist Anita Bryant's telegram congratulating VOICE on the victory. It is the earliest example of 35 ballot measures to limit gay rights in Oregon.
↑ Bell, Chris (July 24, 2015). "Statement on HERO Ruling". Chris Bell for Houston Mayor. Archived from the original(press release) on December 8, 2015. Retrieved November 6, 2015.
↑ Turner, Sylvester (July 24, 2015). "I Support HERO". Sylvester Turner for Mayor. Archived from the original on October 16, 2015. Retrieved November 6, 2015.
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