Read more at the Fort Worth Star Telegram. *This is a developing story
The Arlington City Council will consider removing protections for LGBTQ+ residents Tuesday as part of the changes to its anti-discrimination ordinance. In early September, the City Council voted to temporarily suspend the anti-discrimination ordinance until city staff could propose amendments to it removing specific diversity, equity and inclusion language. Had this not taken place, the city would be at risk of losing $65 million in federal grant money.
Tuesday night, the council will be presented with an edited anti-discrimination clause. The changes include deleting “Gender Identity and Expression” and “Sexual Orientation” from the definition of discrimination. But a leader in the LGBTQ+ community said the proposed change leaves a class of residents without local protections. Previously, the ordinance said discrimination is “any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of a race, color, national origin, age, religion, sex, disability, sexual orientation or gender identity.”
If the council approves the amendments Tuesday, anyone experiencing discrimination due to their sexual orientation or gender identity will not be able to look to the city for help. DeeJay Johannessen, CEO of the HELP Center for LGBT Health and Wellness, said this is not necessary to keep grant funding. “Out of the 395 cities with sexual orientation, gender identity in their list of protected classes, not one other city is doing it,” Johannessen said. “In fact, historically, no city has ever removed sexual orientation from their list of protected classes. So Arlington would be the first.” When a municipality receives grants from the U.S. government, it enters into a contract with various stipulations on the allocation of those funds. Those contracts have been updated since President Donald Trump took office to prohibit “advancing or promoting DEI” in decision-making, City Manager Trey Yelverton said at the Sept. 2 meeting. In Fort Worth, the City Council voted to end diversity, equity and inclusion programs to protect federal funding in August. The city code still includes sexual orientation, transgender, gender identity or gender expression as protected classes from discrimination. Sana Syed, a spokesperson for the city of Fort Worth, said due to how the ordinance was written, “no changes were needed to adhere to new federal requirements and none are planned at this time.”
An attorney who Johannessen consulted with regarding Arlington’s proposed anti-discrimination code changes said removing sexual orientation, gender identity and gender expression as protected characteristics from the current ordinance “reflects a fundamental and profound misunderstanding of the law. “The inclusion of ‘gender expression’ in this list is somewhat telling, since the term does not appear in the Current Ordinance,” Daniel Barrett, the Fort Worth lawyer Johannessen consulted, wrote in a statement. “Its inclusion exposes the staff’s analysis of the situation as sloppy or, perhaps, based upon something other than legal considerations.” Under the original ordinance, if someone is made to leave an establishment because of their gender identity or sexual orientation, they could go to the city and file a complaint. With the exclusion of those kinds of discrimination in the amended ordinance, the only way to rectify the issue would be through the federal government, Johannessen said. Johannessen was part of the focus group who helped make gender identity and sexual orientation protected classes in Arlington’s anti-discrimination chapter in 2021. “It passed unanimously, and there was not even any public comment voting against it,” Johannessen said. “It sailed through. So that’s why it’s so surprising now that there’s so little push back about having to make this change, even if it was required for them to make this change, there’s no angst about it.”
The City Council will vote on the amendments at the 6:30 p.m. meeting on Tuesday.
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