Why LGBT involvement in election campaigns matters

I will never forget the date of November 23, 2010 ---  the day that the Memphis City Council failed to pass an employment non-discrimination ordinance by one vote.

I knew back then that we would have to wait until the next term of City Council before we could introduce an LGBT-inclusive non-discrimination ordinance again. We needed at least one more vote to ensure passage.

Memphis City Councilman
Lee Harris of District 7

The opportunity for that one vote came with the 2011 municipal election. Barbara Swearengen Ware of District 7 who voted against the ordinance declined to run again.  TEP PAC had a chance to support an equality advocate for the open seat. The field of candidates was large, but TEP PAC made the strategic decision to place our hopes in Lee Harris to represent the neighborhoods of North Memphis, Frayser, Uptown, and Mud Island.

TEP PAC's endorsement of Harris motivated LGBT people and their allies to contribute their time, talent and treasure to Harris's campaign. We made phone calls, canvassed neighborhoods, and held fundraising drives to support Lee's election. While many other groups and organizations supported his candidacy, TEP PAC and volunteers helped make a difference in his campaign. Lee won a majority in the first election and then won the runoff election.

Fast forward to the summer of 2012. President Obama and the Shelby County Democratic Party announced their support for marriage equality and full equality for LGBT people. And freshman Councilman Lee Harris approached TEP about re-introducing a non-discrimination ordinance. The rest is history.

I share this story to emphasize the importance of supporting equality advocates running for elected office. One day that candidate will be the elected official who champions equality.

November 6 is a national election. More people turn out to vote for or support a candidate for President, US Congress or the US Senate. But I am here to argue that State and Local elections matter more than most people appreciate. It's hard for one person or a small group to make a noticeable difference in campaigns for President, Congress or Senate. But the example of our support for an equality advocate in a North Memphis City Council district proves that your voice, your volunteer hours, and your financial support make a huge impact in a local election.

Margaret Mead said it best: "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

Are you ready to make an impact? TEP PAC will be engaged in a statewide Day of Action on Saturday, Oct. 27, 2012. We'll be supporting equality advocates for elected office knowing that our work is vital to promoting pro-equality public policy in State and local government. We invite you to join us! Visit TEP PAC's Facebook Fan Event Page for the opportunity closest to you. 

The unfinished business of equality in the Bluff City - Part 2

Members of the Memphis City Council in 2011

In Part 1 of this blog series, I briefly reviewed the workplace equality legislation on the Memphis City Council's agenda in 2010 and the restrictions imposed by the Tennessee General Assembly on local governments in the form of the Special Access to Discriminate Act. In Part 2 we'll explore who on the Memphis City Council and in the Mayor's office stayed true to their pledge to support LGBT-inclusive workplace protections in the City of Memphis and where we can find votes for equality on the Memphis City Council in the next term. Let's remember where we've been before moving forward with this year's election.

In his 2007 TEP PAC Survey, District 1 Councilman Bill Morrison expressed support for an LGBT-inclusive employment non-discrimination ordinance.  But in 2010, Morrison failed to follow through on his pledge. When the Memphis City Council first attempted to enact the ENDO in the summer of 2010, Morrison tried to substitute weaker legislation that provided no specific protections for LGBT employees. In the fall of 2010, Morrison abstained on the first reading and voted against the ENDO on second reading. Morrison's 2007 campaign for City Council benefited from the support of many LGBT advocates who believed in him. He will likely gain little traction among LGBT voters and their allies in 2011.

Councilman Bill Boyd of District 2 has never sought the endorsement of TEP PAC. Boyd was one of the most vocal opponents of the ENDO in 2010 - voting no on first and second reading in the fall of that year. He spoke disparagingly about LGBT people and their families when interviewed by the Commercial Appeal last summer saying "I'm opposed to anything that would advance the notion of people with that lifestyle."

Councilman Harold Collins of District 3 did not seek the endorsement of TEP PAC in 2007. Collins served as Chairman of the Memphis City Council when the ENDO was introduced in the summer and fall of 2010. In the fall, Collins voted in favor of the ENDO on first reading. However, he withdrew his support on second reading. Collins has no opponent in 2011. His constituents will play a key part in persuading him to vote for equality in his second term. No surveys from TEP PAC were sent to candidates running for re-election without opposition in 2011.

Councilwoman Wanda Halbert of District 4 won the endorsement of TEP PAC in 2007. When the ENDO was introduced in the summer and fall of 2010, she voted in favor of the legislation at every opportunity. Her pledge and her votes are consistent.

Councilman Jim Strickland of District 5 won the endorsement of TEP PAC in 2007. Strickland served as Chair of the Personnel and Intergovernmental Affairs Committee when the ENDO was introduced in the summer and fall of 2010. He voted in favor of the legislation at every opportunity. Strickland faces no opposition to re-election in 2011.

Councilman Edmund Ford, Jr. of District 6 did not seek the endorsement of TEP PAC in 2007, but Ford consistently voted in favor of the ENDO at every opportunity in 2010.

Former Councilwoman Barbara Swearengen Ware of District 7 did not seek any support from the LGBT community in her 2007 campaign for Memphis City Council. Ware was a vocal opponent of the ENDO in the summer of 2010. She took the extraordinary step of requesting that the Memphis City Council vote on the ENDO separately from the Consent Agenda on first reading in an attempt to defeat the legislation. Ware was indicted and suspended before the ENDO was introduced in October of 2010. Ware resigned her seat in the Spring of 2011 and the Council appointed Berlin Boyd to finish the current term in District 7. LGBT advocates who want to see an equality advocate elected in District 7 will pay close attention to the candidate's positions in this race.

Councilman Joe Brown of Superdistrict 8, Position 1 has never sought support from TEP PAC or the LGBT community in previous City Council elections. Brown did not say much about the ENDO when proposed in the summer and fall of 2010, but he voted against it at every opportunity.

Councilwoman Janis Fullilove of Superdistrict 8, Position 2 won TEP PAC's endorsement for City Council in 2007. Fullilove has passionately fought for LGBT-inclusive workplace protections as a sponsor of the employment non-discrimination ordinance in the summer of 2007. Fullilove endured death threats and vandals leaving a dead cat on the doorstep of her home when the legislation was introduced - proving that straight allies can become victims of hate crimes based on sexual orientation and gender identity. Fullilove talks the talk and walks the walk on LGBT equality.

Councilman Myron Lowery of Superdistrict 8, Position 3 won TEP PAC's endorsement for City Council in 2007. At every opportunity in 2010, Lowery voted in favor of the ENDO while serving on the Memphis City Council. Lowery faces no opposition in the 2011 election.

Councilman Kemp Conrad of Superdistrict 9, Position 1 did not ask for TEP PAC's endorsement in his 2008 special election. When the ENDO was introduced in the summer of 2010, Conrad worked with Councilman Morrison to substitute a weaker ordinance with no protections for LGBT employees. Conrad consistently voted against the ENDO in the summer and fall of 2010. He was the only council member to vote against a resolution to study discrimination against LGBT employees in City government.

Councilman Shea Flinn of Superdistrict 9, Position 2 won TEP PAC's endorsement when he was elected to the Memphis City Council in 2007. While Flinn did not support an employment non-discrimination resolution affecting private employers, he has consistently voted in favor of protecting employees of the City of Memphis from discrimination based on sexual orientation and gender identity. Flinn sponsored the second version of the ENDO introduced in the fall of 2010.

Councilman Reid Hedgepeth of Superdistrict 9, Position 3 did not seek TEP PAC support in his 2007 election to the Memphis City Council. Hedgepeth was absent on the first reading of the ENDO in the fall of 2010, but voted against the legislation on second reading. Hedgepeth faces no opponent in his re-election to the council in 2011.

This post would not be complete without some discussion of Memphis Mayor AC Wharton. When he served as Mayor of Shelby County, Wharton pledged support for Commissioner Steve Mulroy's employment non-discrimination ordinance. When he ran for Mayor of Memphis, Wharton stated in a debate that he would support similar protections for Memphis. When the legislation was first introduced to the Memphis City Council in the summer of 2010, Wharton's administration suddenly adopted a neutral stance on the issue. After TEP worked for weeks with Wharton's City Attorney office on legislation he could support, the Mayor abandoned his position. He issued a statement that read:

I have stated that I believe governments should focus on merit and merit alone in their hiring and purchasing policies. My beliefs or views on the subject have been clear and consistent throughout my entire life. I will not permit them to be mischaracterized by any group, individual or elected body who seek a convenient excuse to avoid the issue now that it is at hand.

Wharton also told the Council that he would support any version of the legislation the body was willing to enact. Translated, he would support legislation that did not contain any explicit protections for LGBT employees. While Wharton is not an entrenched opponent of equality, his neutrality disappointed LGBT advocates in the Bluff City. Since that time, Mayor Wharton responded attentively to the recent incident involving allegations of  harassment of Kiare Newsom by Memphis Police. Wharton attended a meeting with members of Tennessee Equality Project, Police Director Toney Armstrong and his staff and offered approaches to ensure the safety of transgender members of the community. For its size, Memphis falls behind many other cities in the United States that already protect LGBT citizens from discrimination and harassment. Mayor Wharton could do more to bring Memphis into the 21st Century.

- Jonathan Cole

Memphis City Council Committee recommends passage of ENDO and Study Resolution

The Memphis City Council's Personnel, Intergovernmental and Annexation Committee recommended passage of an Employment Non-Discrimination Ordinance that includes LGBT-inclusive workplace protections and a Resolution calling for the City of Memphis Department of Human Resources to conduct a study of discrimination based non-merit factors, including sexual orientation, gender identity and gender expression.

Council Committee members present at the meeting included sponsor Shea Flinn, Janis Fullilove, Edmund Ford, Jr., and Committee Chairperson Jim Strickland. Council members Bill Morrison and Barbara Swearengen Ware were not present. None of the committee members voted against either the ordinance or resolution.

Councilman Shea Flinn has requested the City's Director of Human Resources to include representives of Tennessee Equality Project and Family Action Council of Tennessee in the development of the study to address concerns about objectivity, impartiality and confidentiality.

The Study Resolution and ENDO will appear on the Nov. 9 agenda of the full Memphis City Council. The study resolution requires only one reading and can be enacting on that day. The ENDO will appear on the Consent Agenda for the first of three readings on Nov. 9. Councilman Flinn plans to request delay of the third reading of the ENDO until the findings of the study are reported back to the Memphis City Council

No bias, no discrimination here

At the first reading of the Memphis Employment Non-Discrimination Ordinance (ENDO) on August 10, the Memphis City Council displayed an unexpected bias against the proposed legislation that is rarely demonstrated on other matters brought before the Council.

City ordinances on first and second reading are routinely bundled into a consent agenda that appears at the end of the regular agenda during City Council meetings. The Council reviews each item in the consent agenda and then votes to approve or disapprove all of the items in bulk. The Council waits for the third reading to debate ordinances and opens the floor for public comment from citizens for input.

But that didn't happen at the first reading. Councilwoman Barbara Swearengen Ware objected to the inclusion of the ENDO and threatened to vote against the entire consent agenda if it was not voted on separately.

After the ENDO was knocked out of the consent agenda, Councilman Bill Morrison took advantage of the situation to introduce a substitute ordinance that gutted the inclusive ENDO. His substitute ordinance contained no provisions protecting employees from discrimination based on sexual orientation or gender identity or expression. His substitute proposed protections based on non-merit factors that are already explicitly defined in current municipal, state, and federal law.

Before the moment that Morrison introduced his substitute ordinance, no one on the Council or the public had been given an opportunity to review the ordinance. He acted in secret and broke a campaign pledge he made when he ran for office to support lgbt-inclusive workplace protections.

We were lucky that a large majority on the Council defeated the substitute ordinance and subsequently adopted the ENDO on it's first reading with seven out of thirteen votes.

Some Council members and public citizens have claimed there is no bias or discrimination in City Government against lgbt people. But the first reading of the ENDO demonstrates that the bias starts at the top. The lgbt community and City employees were not given the respect and consideration by the City Council normally afforded to others in our community. These preemptive measures were deployed to silence debate and throw lgbt people under the bus.

The second reading of the ENDO by the City Council will take place at 3:30 pm on Tuesday, August 24 at 125 North Main Street. Memphians must hold their City Council accountable for its behavior and bias. The Council need only to look for proof of discrimination and bias of lgbt citizens on the dais they share together every other Tuesday to realize the need for LGBT-inclusive workplace protections. For the sake of our city and the high hopes of Mayor Wharton in marketing Memphis as a City of Choice for big business, job seekers and entrepreneurs, let's hope the Council will learn from its mistakes and vote to define our city as an inclusive and welcoming community.

Make plans today to attend the second reading.

Memphis Employment Non-Discriminattion Ordinance passes first reading

The Memphis Employment Non-Discrimination Ordinance protecting city employees from discrimination based on sexual orientation or gender identity or expression passed its first reading by the Memphis City Council last night with 7 votes in favor, 6 no votes and 1 abstention.

Adoption on first reading for an ordinance is customary, but the usual courtesies and procedures given to most legislation by the council were thrown out last night. Watch the video of the proceedings beginning at 3:39:40.

Ordinances appear for first and second reading on what the Council calls its Consent Agenda. Council rules generally call for ordinances to be bundled and passed together in one motion after they are read. However, Councilwoman Barbara Swearengen Ware informed the Council last night that she would vote against the entire Consent Agenda if it included Councilwoman Fullilove's Employment Non-Discrimination Ordinance. Council rules allow for any member of the Council to object to an item on the Consent Agenda. Such objections place an item on the regular agenda to be acted on separately. Ware objected to the ordinance's inclusion on the consent agenda because the ordinance was sent to the full Council from the Personnel Committee without recommendation.

Councilwoman Fullilove attempted to salvage the situation by requesting that her ordinance be take back to committee for more discussion and a recommendation. However, Chairman Collins ruled that Fullilove's ordinance could be pulled out of the Consent Agenda and considered separately according to Council rules.

Before Fullilove's ordinance was voted on, Councilman Bill Morrison proposed a substitute ordinance to replace the original. Morrison's ordinance prohibited employment discrimination based on religion, race, sex, creed, political affiliation, national origin, ethnicity, disability, age or other nonmerit factors. Factors like sexual orientation and gender identity or expression were omitted. All of the non-merit factors listed in Morrison's ordinance are already covered by current municipal, state or federal law. A majority of Council members (including those who supported or opposed Fullilove's inclusive ordinance) voted against Morrison's substitute ordinance. Many council members objected to the substitute because the public was not given a chance to review the new ordinance. The substitute also ignored the original intent of Fullilove's LGBT-inclusive ordinance.

The Council then turned to consider Fullilove's inclusive ordinance. Seven members of the Council voted to adopt the ordinance on first reading. However, some of those yes votes were cast because council members wanted to give the public a full hearing of the legislation. Tennessee Equality Project is pulling out all the stops to ensure that the Council and Mayor AC Wharton support an inclusive ordinance. Supporters in Memphis need to do what it can to convince the Council that this ordinance merits passage at the second and third reading.

If you have not already done so, contact the Memphis City Council here and Mayor AC Wharton here to let them know you support LGBT-inclusive workplace protections in Memphis.

Plan to attend the Personnel Committee and full Council meeting for the second reading on Tuesday, August 24 at 8 AM and 3:30 PM, respectively. We need you at the same meetings on Tuesday, September 14.

Other media reports on yesterday's proceedings:

Commercial Appeal
Out and About
WREG Channel 3
Eyewitness News