LeftOut

That Was Then
This is now, thank God–we’ve come a long way since the 1985 referendum, and it’s time to move forward on a city nondiscrimination ordinance
by Daryl Moore

In 1985, the Houston gay and lesbian community suffered one of the worst losses of its political history. By an overwhelming margin in a citywide referendum, 82 percent of voting Houstonians rejected City Council’s then recently enacted nondiscrimination ordinance. Business leaders who were furious with Mayor Kathy Whitmire about business-related issues combined with Christian conservatives to promote the referendum and to repeal the nondiscrimination ordinance.

Ironically, after supporting the nondiscrimination ordinance, Whitmire and other gay-friendly council members simply disappeared during the referendum campaign. Without warning, the gay and lesbian community found itself in a sea of opposition with no support from the mayor, council, or business leaders. As a result, the referendum passed by more than a 4-to-1 margin.

Sixteen years later, Houston again has a gay-friendly mayor supporting a nondiscrimination ordinance. Sixteen years later, however, much has changed. This time, the mayor is an open and vocal supporter of gay and lesbian rights with a record of standing with us. Indeed, now we have a mayor who upon taking office issued an executive order banning discrimination against gays and lesbians in city government; a mayor who appointed the first liaison to the gay and lesbian community; a mayor who was the first in the city’s history to ride in the Pride Parade; and a mayor who has announced his support for domestic-partner benefits for same-sex couples.

This time, the gay-friendly mayor sits side-by-side at city council meetings with Houston’s first openly lesbian council member. Now, when opponents of equality for gay/lesbian people decide to spew misinformation about gays and lesbians at council meetings, they have to do so while sitting in the same room with a lesbian council member.

And this time, the business community is not mad at the mayor and has no reason to punish him by using a hot-button political issue to teach him a lesson. Indeed, many of the same businesses that opposed the nondiscrimination ordinance in 1985 have adopted nondiscrimination policies of their own.

Most importantly, this time the gay and lesbian community is not taking the likelihood that a nondiscrimination ordinance will pass for granted. Thanks to the leadership of the mayor and Annise Parker, the community is up to speed about what to expect from the opposition if we get a nondiscrimination ordinance.

Just recently, at a February 10 meeting with our community called by the mayor, the mayor and Annise met and explained what was going on at City Hall. Annise explained how the domestic-partner benefits issue had come up, what the likely result of a vote by council on the issue would be, and what the likely result of a such a vote would have on the community if it were challenged in a referendum.

After explaining the political landscape, the mayor and Annise unequivocally expressed their support for same-sex benefits. Then, they expressed their willingness to put the proposal to a vote even though it would likely be reversed if challenged by another referendum. Then, they asked for input.

And person after person stood up and expressed their desire to wait for same-sex benefits until after we get a nondiscrimination ordinance. The call for a nondiscrimination ordinance before same-sex benefits was unanimous.

After listening to the community for more than an hour, the mayor and Annise agreed to change course, to table the same-sex-benefits issue, and to seek a nondiscrimination ordinance.

At that point, someone in the room asked Annise whether it would be better to table even the nondiscrimination issue until after the November election to prevent a political backlash against the gay-friendly council members. Annise responded with two words: "Not acceptable."

And Annise is right. The gay and lesbian community cannot wait another election cycle to seek a nondiscrimination ordinance. Because, while it might be acceptable to be politically pragmatic in choosing our battles, it is not acceptable to wait for universal acceptance by the general populace before seeking a vote on our issues.

It’s been 16 years since we faced a referendum on bigotry in the city of Houston. Times have changed. It’s time for a recount.

Writing from the liberal end of the spectrum, Houston attorney Daryl Moore has a general practice and is board-certified in civil appellate law. He can be reached at DarylMoore@outsmartmagazine.com.