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2015 Houston, Texas Proposition 1

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Proposition 1
November 3, 2015 (2015-11-03)
Results
Choice
 Votes %
Yes 100,582 39.03%
No 157,110 60.97%
Valid votes 257,692 95.84%
Invalid or blank votes 11,180 4.16%
Total votes 268,872 100.00%
Registered voters/turnout 979,401 27.45%
Source: "Cumulative Report — Official Harris County, Texas — General and Special Elections — November 03, 2015", Harris County Elections Office, November 11, 2015

Proposition 1 was a referendum held on November 3, 2015, on the anti-discrimination ordinance known as the Houston Equal Rights Ordinance (HERO).

Background

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

Neither U.S. federal law nor Texas statewide law covers 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). The measure bans 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 applies 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.[1]

Shortly thereafter, 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.[2]

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. In reaction, the groups supporting the repeal of the ordinance filed a lawsuit against the city.[3]

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. There's also the question of the process that was followed. These guys are saying we somehow interfered and didn't have the right do it. I need to explain what it means to be city attorney and the ethical obligation I have to the city to make sure the ordinance is enforced." 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.[4][5]

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.[6][7]

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."[8]

The appeal of Judge Schaffer's ruling is currently on hold in the Fourteenth Court of Appeals, with further litigation still possible.[9] On November 24, 2015, Jared Woodfill, the lead plaintiff who sued the city, asked the case to be dismissed as moot.[10] On December 15, 2015, the Court of Appeals announced it would consider the motion to dismiss alongside the merits of the case.[11] 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.[12]

Endorsements

Yes on Proposition 1

Proposition 1 gained the support of many prominent leaders, companies and celebrities.[13] Thanks to the large number of wealthy and famous people in support of the proposition, the "YES" side raised $1,918,552.01, compared to the "NO" side, which raised $398,471.76 (As of December 4, 2015).[14]

Yes on Proposition 1
Politicians and activists
Celebrities and business people
Organizations

No on Proposition 1

Opposition came from anti-LGBT individuals and organizations.[27]

No on Proposition 1
Politicians and activists
Celebrities and business people
Organizations

Voter demographic

Population

Proposition 1 votes[37] Population of Houston, Texas Pct
268,872 2,054,717 13.08%

Criticism of the No on Proposition 1 campaign

On November 6, 2015, at the First in the South Candidates Forum, Hillary Clinton stated that what "the far right did, very successfully, is really engender a lot of fear and a lot of anxiety, and create this backlash against this ordinance. And they used the bathroom issue. And yet, you could go to another city in Texas, like San Antonio, and you would know that that was totally without merit, that there was no basis for it. I think this is a reminder that if you stand for equal rights, if you stand against discrimination, you don’t just do it once and you’re done." She also said: "You’ve got to keep fighting for it, you’ve got to keep standing up for it, you’ve got to keep moving forward."[38]

Reaction

Political

On November 10, President Barack Obama officially announced his support for the Equality Act of 2015.[39]

Houston Mayor Annise 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."[40]

Sports

On November 22, 2015, the National Collegiate Athletic Association said it would reconsider procedures in how it selects host cities for tournaments and championship events to include protections for the LGBT community.[41]

In reaction, the NFL announced it will not alter plans to have the city host Super Bowl LI.[42] 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".[43]

Aftermath

Houston, Texas is now the largest city in the United States without equal rights ordinance for LGBT people.[44]

2015 Houston mayoral runoff election

Sylvester Turner, who is running against Bill King in the 2015 Houston mayoral runoff election, stated 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.[45] On December 12, 2015, Sylvester Turner beat Bill King and won the 2015 Houston mayoral runoff election..[46]

See also

References

  1. ^ Morris, Mike (May 29, 2014). "Council passes equal rights ordinance". Houston Chronicle.
  2. ^ Equal rights law opponents deliver signatures seeking repeal
  3. ^ Houston mayor scales back controversial subpoena of local pastors' sermons
  4. ^ Houston subpoenas pastors’ sermons in gay rights ordinance case
  5. ^ City attorney cites equal rights ordinance in decision to resign
  6. ^ After mixed verdict, city confident judge in ERO suit will rule in its favor
  7. ^ Judge rules in favor of city on Houston's Equal Rights Ordinance
  8. ^ Houston Equal Rights Ordinance suspended
  9. ^ http://www.search.txcourts.gov/Case.aspx?cn=14-15-00396-CV&coa=coa14
  10. ^ http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=b3861725-6b09-4545-a5f2-7b29a78c5eae&coa=coa14&DT=Motion&MediaID=66fb2453-503c-46b4-96fe-e4be5b9610ed
  11. ^ http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=eaf37e0e-3cbf-4689-8813-afd6fd3dbb3c&coa=coa14&DT=MT DISM DISP&MediaID=d920e714-23f2-4125-b722-38386ffa829f
  12. ^ http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=96c42b26-a3a7-48e5-86a4-60bce4a2dbd4&coa=coa14&DT=Order&MediaID=7be45915-6eec-4d6e-a4aa-b27a9e635188
  13. ^ a b c d e Ford, Zack (October 31, 2015). "If You Think You Understand Houston's 'Bathroom Ordinance,' You Probably Don't". Think Progress. Center for American Progress Action Fund.
  14. ^ "City of Houston Anti-Discrimination HERO Veto Referendum, Proposition 1 (November 2015) - Ballotpedia". ballotpedia.org. Retrieved 2016-02-12.
  15. ^ Bell, Chris (July 24, 2015). "Statement on HERO Ruling" (press release). Chris Bell for Houston Mayor.
  16. ^ a b c d e f g h Brown, Sunnivie (October 30, 2015). "HERO's Heroes: White House, Apple, Bernie Sanders Back Houston Protections". The Advocate. Here Media.
  17. ^ Hagerty, Michael (September 1, 2015). "Houston Mayoral Candidate Bill King Answers Your Questions". Houston Matters. Houston Public Media.
  18. ^ I Fucking Hate to Lose
  19. ^ a b Parham, Jaecey (September 16, 2015). "Mayoral candidates present platforms". The Rice Thresher. Rice University.
  20. ^ a b c d e f g h i j k Houston's HERO Equal Rights Ordinance Will Likely Fail – And Big
  21. ^ Morris, Mike (May 29, 2014). "Council passes equal rights ordinance". Houston Chronicle.
  22. ^ Turner, Sylvester (July 24, 2015). "I Support HERO". Sylvester Turner for Mayor.
  23. ^ a b c d e f g Johnson, Chris (September 16, 2015). "Houston is next battle in LGBT non-discrimination fight". Washington Blade.
  24. ^ "Houston Newsmakers Sept. 27: Greater Houston Partnership Supports HERO". KPRC. September 27, 2015.
  25. ^ Happy to have @Houston_Unites vols at the @harrisdemocrats hq making calls all weekend! #YesOnProp1 #houvote
  26. ^ The Caucus Issues a Statement on HERO
  27. ^ Morris, Mike (July 3, 2014). "Equal rights law opponents deliver signatures seeking repeal". Houston Chronicle.
  28. ^ Anti-Gay Texas Gov. Greg Abbott Comes Out Against HERO, Gets Slammed On Twitter
  29. ^ a b c d e f g h i j k l m n o Sample Ballot
  30. ^ a b c d e f g h i Sample Ballot
  31. ^ Franklin Graham Applauds Defeat of Houston LGBT Nondiscrimination Ordinance
  32. ^ Ben Hall Opposes Houston Proposition #1 (H.E.R.O.)
  33. ^ Texas Lt. Gov. Dan Patrick Applauds Discrimination, Death of #HERO in Disgusting Speech: WATCH
  34. ^ Contact Us
  35. ^ Campaign for Houston - Lance Berkman
  36. ^ Gibbs, Lindsay (October 16, 2015). "Texans Owner Donates $10,000 To Fight LGBT Protections In Houston". Think Progress. Center for American Progress Action Fund.
  37. ^ Cumulative Report — Official Harris County, Texas — General and Special Elections — November 03, 2015 |work= Harris County Elections Office
  38. ^ Hillary Clinton Slams HERO Defeat, Explains DOMA 'Defensive Action' Claim
  39. ^ Obama supports altering Civil Rights Act to ban LGBT discrimination
  40. ^ Boren, Cindy (November 5, 2015). "Human Rights Campaign presses NFL, Roger Goodell over LGBT issue in Houston".
  41. ^ NCAA will reconsider host cities for poor LGBT laws
  42. ^ Robinson, Charles (November 4, 2015). "NFL won't alter Houston Super Bowl plans after city's repeal of non-discrimination law". Yahoo! Sports. Retrieved November 5, 2015.
  43. ^ Zeigler, Cyd (November 4, 2015). "NFL says it will not withdraw Super Bowl from Houston". Out Sports. Vox Media, Inc.
  44. ^ Pierce, Liam Daniel (October 15, 2015). "Texans Owner Bob McNair Donates $10,000 to Oppose LGBT Rights". Vice Sports.
  45. ^ 100 Percent Committed to a City Without Discrimination
  46. ^ Sylvester Turner wins Houston mayoral runoff election
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