Gender, sex orientation language passes Terre Haute City Council

The ordinance now prohibits discrimination against transgender or gender non-conforming people in employment, housing, public accommodations, education and financing practices. Such discrimination was already prohibited on the basis of race, color, religion, national origin, age, gender, sexual orientation, marital status or physical or mental disability.

Council’s vote was 7-0, with members Jim Chalos and Don Morris absent.

“Terre Haute is a welcoming place, everybody is welcome,” Jeff Lorick, the commission’s executive director, told council members before the amendment was approved. “And I’m sure the expanding of that ordinance will further make that statement, that we are an inclusive community.”

The amendment, co-sponsored by all nine council members, came after the commission reviewed the ordinance in the wake of Indiana’s Religious Freedom Restoration Act. Critics argued the law could serve as a vehicle for discriminating against gay, lesbian, bisexual or transgender Hoosiers.

Changes to the local ordinance included adding definitions for discrimination, gender identity and sexual orientation.

The amendment also spells out that the commission should broadly represent the community in regard to sexual orientation or gender identity.

The revisions also add sexual orientation and gender identity to language requiring the commission to identify and recommend ways to eliminate discrimination on those bases. It also is to study, investigate and recommend action against “any condition having an adverse effect upon relations between persons” of various communities.

Terre Haute joins six other Indiana cities or counties that include gender identity in anti-discrimination ordinances, according to the Human Rights Campaign, a national LGBT civil rights advocacy organization.

Bloomington, Evansville, Indianapolis, Marion County, Monroe County and South Bend all prohibit employment discrimination on the basis of gender identity, according to the organization.

As the landscape of LGBT rights has changed over time, Lorick said other Indiana human relations commissions have expanded the language of their ordinances to ensure protections for all residents.

“And it would indeed be an honor to join the other human relations commissions around the state who were progressive enough and bold enough to provide protections for every member of their communities,” Lorick said. “I think that is relevant, I think that is important.”

But Terre Haute resident Herschel Chait told council members that he doesn’t think it prohibits anything.

“If you read it carefully, at no point does it actually direct anybody to do anything or not to do anything,” he said.

Chait also spoke out about the amendment last week during the council’s “sunshine” meeting, where agenda items are discussed but not voted upon.

At that time, Chait asked the council to reconsider the amendment, in part, because he thought it was too vague for employers and believed there was still a lot of uncertainties about gender identity.

On Monday evening, he pointed to another section of the ordinance, covering the commission’s powers and duties. 

The commission is charged with investigating and reconciling complaints of prejudice or “invidious” discrimination in employment, housing, public accommodations, education and financing practices.

If it can’t resolve the complaint locally, the commission must refer the matter to the “appropriate” governmental entity.

“But, again, if you look at gender identity, there’s no place to move it on to,” Chait said. 

He claimed state law doesn’t cover gender identity and the Equal Employment Opportunity Commission is in the “very early stages” of addressing gender identity.

While an executive order issued by then-Gov. Joe Kernan in 2004 prohibits discrimination against state workers on the basis of gender identity/expression and sexual orientation, protections for other Hoosiers vary by locality.

Chait again suggested the council hold off on passing the amendment.

“Wait until there’s greater clarity before you get in to that topic,” he said.