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. Due to concerns about the bill being misused to allow men in women's restrooms, thus spawning the nickname of "The Bathroom Bill," Houston voters rejected Proposal 1 by a vote of 61% to 39%.[1]
A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.
Map of Texas counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
Sexual orientation and gender identity with anti–employment discrimination ordinance
Sexual orientation with anti–employment discrimination ordinance
Sexual orientation and gender identity solely in public employment
Sexual orientation in public employment
Does not protect sexual orientation and gender identity in employment
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]
Sexual orientation is an enduring pattern of romantic or sexual attraction to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generally subsumed under heterosexuality, homosexuality, and bisexuality, while asexuality is sometimes identified as the fourth category.
Gender identity is the personal sense of one's own gender. Gender identity can correlate with assigned sex at birth or can differ from it. All societies have a set of gender categories that can serve as the basis of the formation of a person's social identity in relation to other members of society.
The Houston City Council is a city council for the city of Houston in the U.S. state of Texas.
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]
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.
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 Houston Gay Pride Parade is the major feature of a gay pride festival held annually since 1979. The festival takes place in June to celebrate the lesbian, gay, bisexual, and transgender people and their allies. This event commemorates the 1969 police raid of the Stonewall Inn on Christopher Street in New York City's Greenwich Village neighborhood, which is generally considered to be the beginning of the modern gay rights movement.
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 and is now the mayor of Houston.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan may face 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 sexual orientation and gender identity is not explicitly banned within state law. However, a ruling of the Sixth Circuit Court of Appeals and a decision of the Michigan Civil Rights Commission have ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law.
Robert Leonard Schenck is an American Evangelical clergyman who ministers to elected and appointed officials in Washington, DC, and serves as president of The Dietrich Bonhoeffer Institute. He is an ordained minister. Since 1982, Schenck has preached in all 50 states, several Canadian provinces, and over 40 countries. He has created organizations still serving those in need and providing ongoing spiritual and humanitarian support in such places as Mexico, Egypt, and Cambodia. He is the subject of the Emmy Award-winning 2016 Abigail Disney documentary, "The Armor of Light". Media outlets and policymakers seek his opinions on current issues, and he regularly appears as a guest on news and opinion shows.
The Houston GLBT 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 GLBT 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 GLBT rights, regardless of political party or candidate's sexual orientation.
The expansion of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Maryland is a recent phenomenon, with most advances in LGBT rights occurring within the past two decades. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012 and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most pro-LGBT states in the country, with two-thirds of Marylanders supporting same-sex marriage. In May 2018, a ban on conversion therapy on minors was signed into law by the Governor, and it became effective on October 1, 2018.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S state of Idaho may face some legal challenges not faced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. Discrimination based on sexual orientation and gender identity isn't banned in the state, leaving an estimated 31,800 LGBT workers in Idaho vulnerable to employment discrimination.
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. Same-sex sexual activity has been legal since 1980, and same-sex couples have had the right to marry since October 2014. Nevertheless, the state offers few legal protections on the basis of sexual orientation and gender identity, leaving LGBT people vulernable to employment, housing, and public accommodations discrimination. Discrimination against state employees on account of their sexual orientation is illegal, and three Alaskan cities, Anchorage, Juneau, and Sitka, representing about 46% of the Alaskan population, have enacted anti-discrimination ordinances covering both categories.
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. Same-sex sexual activity is legal in Mississippi. Same-sex marriage is legal in accordance with the Supreme Court's decision in Obergefell v. Hodges. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide. Jackson, Mississippi's state capital, enacted such protections in June 2016.
Charter Amendment One was a citizen led referendum defeated in Gainesville, Florida's city election on March 24, 2009. Titled the "Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights", the measure would remove the legal protections not explicitly covered under the Florida Civil Rights Act of 1992, specifically with reference to sexual orientation and gender identity.
Houston has a large and diverse LGBT population and is home to the 4th largest gay pride parade in the nation.
The School Success and Opportunity Act, is a California state law which extends gender identity and gender expression discrimination protection to transgender and gender-nonconforming K-12 students in public schools.
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 32% of the vote, and Bill King, who received 25%. In the run-off, Turner edged King, 51% to 49%, to become the 62nd Mayor of Houston.
The Intrastate Commerce Improvement Act is a 2015 Arkansas act that prohibits, with exception to employees of a local government, any county, municipality, or other political subdivision of the state from adopting or enforcing an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law.
The Massachusetts Gender Identity Anti-Discrimination Initiative is a state-wide referendum passed by Massachusetts voters in the 6 November 2018 mid-term election that prohibits discrimination in public accommodations on the basis of gender identity. The vote upholds language which was already present in the state anti-discrimination statute, defeating an attempt to veto it by public referendum. It is the first state-wide anti-discrimination statute passed by referendum supporting transgender rights in the United States.
↑ 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.
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