Roeland Park, KS is south of Kansas City. Last Tuesday the City Council there once again delayed a vote on ordinance that would ban discrimination on the basis of sexual orientation and gender identity. That's the third time it had been delayed. Previously votes had been scheduled for April and May. It was most recently scheduled for tonight.
Last Tuesday there was a workshop on the ordinance. The workshop ran past 11pm before the council members decided to continue the discussion at the end on regular business tonight.
Items being discussed were exemptions, how complaints would be filed and investigated, and whether to establish a human rights committee.
Residents have previously claimed that the ordinance's exemption for churches was too vague. Specifically cited was the St. Agnes Catholic Parish public fish fry. On the advice of the city attorney, Neil Shortlidge, the council changed the proposal to more clearly allow religious institutions, nonprofits and other groups even if they are selling food or other services. also exempted would be facilities which are jointly operated by the city and county (the aquatic center, sports dome, and community center). Johnson County has no matching ordinance.
"Concerned citizens" have distributed fliers in the city saying the ordinance would allow a man to claim he is a women in order to enter the women's shower at the municipal pool.
Councilwomen Megan England and Jennifer Gunby, who had drafted the ordinance, said that concern was misplaced because the proposal "bars anyone from entering a segregated restroom for unlawful purposes."
Pointing out that hundreds of cities have passed similar ordinances, Gunby noted...
None have experienced the terrible things that opponents have claimed would happen.
These concerns ignore the reality that transgender persons already share public bathrooms and showers with the rest of the population.
--England
Councilwoman Mel Croston aksed Sandra Meade of the Kansas Equality Coalition why transgender people "don’t just have the surgery and not have to deal with this issue?"
Meade explained that the surgery is very costly and not appropriate for all transgender people.
You have a socio-economic barrier there.
--Meade
The meeting broke down over discussion of the creation of a human rights committee whose task would be to break down stereotypes through education and social functions. Lawrence, KS has a similar committee.
Some council members thought such a committee might be sufficient and could replace the ordinance.
My state on this all along is having a good ordinance and if that takes more time, it takes more time.
--Councilwoman Theresa Kelly
Some council members have said they do not believe discrimination is happening in Roeland Park, so an ordinance is not necessary.
Dale Showengerdt of Alliance Defending Freedom spoke for 10 minutes in May, saying the ordinance would be bad for the city. He is not a resident of Roeland Park, but his father is mayor of neighboring Mission.
When you talk about sexual identity, it's different than race in that it's more subjective because it's harder to classify. It's based on subjective indications by the person. It raises complications legally in trying to enforce it.
--Showengerdt
Let me jump in right there. I don't believe that it's a choice or that it's subjective.
--Gunby
Whether it's a choice or not, I'm not commenting on that. But the reason that most states haven't passed this is because they're wrestling with complicated legal issues related to it. A city the size of Roeland Park should think seriously about it because there will be serious costs associated with it.
--Showengerdt
Showengerdt claimed there was a city in Washington which had 666 complaints, only 5 of which were found to have merit.
Kansas City has received only 31 complaints since it adopted protections for sexual orientation in 2008. Lawrence has received 9 since protections were passed in 1995 and only one gender identity discrimination complaint since it was included in 2011.
When asked for a specific example in the United States, Showengerdt related an anecdote about a photographer in New Mexico who was sued for refusing to take photos at a gay wedding.
At the June 2 meeting, several citizens spoke in favor of the ordinance, including a transgender women.
Opposing the progress of civil rights has never been a winning strategy.
--Una Nowling, transwoman
Maureen Reardon complained that forcing the fish fry to serve LGBT people was an infringement on her freedom of religion.
And what about Girl Scouts who sell cookies in the vestibule?
--Reardon
If the absurdity of the situation wasn't clear before, this episode brought it into bright focus: An older woman in nice clothes standing up in front of a crowd of people, trembling with rage at the idea that her church's right to discriminate against gays was being infringed upon.
It is felt that there are 4 firm votes for Yes on the ordinance. One more would be needed for the ordinance to pass.