TX AG Threatens Lawsuit Against San Antonio LGBT Rights Ordinance

Texas Attorney General Greg Abbott is running to be the next Governor of Texas and is demonstrating his homophobic bona fides to that electorate of that very red state by threatening to file a federal lawsuit to invalidate the recently enacted ordinance in San Antonio which includes sexual orientation and gender identity as categories it is prohibited to discriminate on the basis of.

The law, which was passed 8-3 on Thursday, adds sexual orientation and 'gender identity' to the state's current non discrimination laws.

  But Abbott and other conservative activists say haste on the part of supporters to ram the NDO through, and last minute changes made during the debate make the law a 'mess' and make it unenforceable and illegal. 

  "Section 32 of Article One of the Texas Constitution concerns same sex marriage," Abbott said.  "If someone says we are going to stand on the law, they would be guilty of violating that San Antonio ordinance." 

  The state has a 'supremacy clause' much like the federal government, stressing that municipal law cannot override state law. 

  Abbott says the San Antonio law does just that, violating several state laws. 

  "There is a provision in here, that seems to silence anyone who may have a disagreement with that ordinance," Abbott said.  "I believe that violates the First Amendment protections of freedom of speech and freedom of religion, and violates the Texas Constitution."

There is actually some truth toAbbot's argument. The ordinance does more than just prohibit discrimination against LGBT people.

According to the New York Times:

The ordinance adds sexual orientation and gender identity to the list of classes protected from bias, including race, religion, age and disability. It affects city employees, city contracts, housing and city officials as well as members of municipal boards and commissions. It also applies to restaurants and other businesses, making it unlawful to deny anyone any services available to the general public on the basis of sexual orientation or any of the other protected classes. Language was added that no person or group was required to support or advocate “any particular lifestyle or religious view.”

There is also a provision in the previous version of the ordinance that says that an elected official can be removed from office if they show bias "by word or deed" based on the current categories but the ordinance was amended to not include sexual orientation and gender identity as categories for which this provision would apply.

The real point here is that Abbott is trying to burnish his credentials with the voters of Texas as being a heterosexual supremacist. He is not opposed to the ordinance because it may impinge free speech rights, he is annoyed that the 7th largest city in the country (and 3rd largest in Texas) passed an ordinance that protects LGBT people from discrimination.

7th Largest City In U.S. Now Has LGBT Rights Ordinance!

San Antonio, Texas is the third largest city in that state, but the 7th largest city in the United States (by population). Amazingly, it was only yesterday that the San Antonio City Council enacted a non-discrimination ordinance inclusive of sexual orientation and gender identity.

The San Antonio Express-News reports:

An issue that starkly divided San Antonio this summer was resolved Thursday when the City Council approved an ordinance that adds protections for sexual orientation, gender identity and veteran status to the city code. 

[...] 

In separate votes, the council approved adding veteran status 9-2, and approved adding LGBT protections 8-3. 

[...] 

Proponents of the measure viewed the issue as part of this nation's continuing struggle for human rights. Opponents argued the ordinance tramples on their First Amendment rights to free speech and religious liberty.

It's pretty amazing that in 2013 there are still "firsts" happening in the area of civil rights in this country.

Queer Quote: San Antonio Councilperson's Private Homophobia Revealed

San Antonio Councilwoman Elisa Chan has been getting a lot of public attention recently after the release of comments she made in private with her staff that reveal a stunningly ignorant level of homophobia and transphobia.

The text of her comments are today's Queer Quote:

I don’t think homosexual people should do adoption. They should be banned by adoption. You’re going to confuse those kids. They should be banned. If you wanted to choose that lifestyle, we don’t want to discriminate you, but you shouldn’t affect the young people… You see two men go into a bedroom. You see two women kissing. Is that not confusing? It’s confusing.  

[...] 

We do not want to attack any group. I’m respectful of their choices, right? Even though I don’t believe that, but they’re free people, they can do whatever they want to do. But … don’t just come back and say you’re being discriminated.

What is confusing to kids about seeing same-sex couples? Apparently Coucilwoman Chan believes (like many Russian people) that somehow if children know that gay people exist it will impact their adult sexual orientation. This belief has no basis in reality and is laughable on its face, since the converse is obviously not true (i.e. the fact that almost all LGBT people have been raised in heterosexual households and yet have non-heterosexual sexual orientations). The problem with this belief is that it can impact how people feel about public policy. In fact the political context of Chan's comments is that the San Antonio City Council is currently considering an ordinance that would prohibit discrimination based on sexual orientation or gender identity.

The comments came to light because one of Chan's staffer taped the comments and released it to the local San Antonio media, where it has been getting a  lot of negative and critical attention.