HUNTINGBURG — In a two-to-one vote, the Huntingburg Common Council gave preliminary approval for a resolution adopting language laid out by the U.S. Department of Justice after a 2015 executive order from President Barack Obama added protections for sex, sexual orientation and gender identity to Title VI of the Civil Rights Act of 1964.

The council was divided on the issue, with Councilman Steve McPherron standing as the lone dissenter.

“I’m all for non-discrimination, but I do not, in good conscience, feel that I can recognize (President Obama’s) definition of the term(s) sex, sexual orientation and gender identity,” McPherron said Tuesday night during the council’s regular meeting.

In a phone call with the Herald this morning McPherron declined to further explain his position, adding only that he voted his conscience.

The nondiscrimination resolution is required by Executive Order 13762 for any municipality or government body receiving federal dollars. If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance can either initiate fund termination proceedings or refer the matter to the Department of Justice for legal action. Aggrieved individuals can file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit in federal court.

Councilmen Jeff Bounds and Glen Kissling led the majority in approving the resolution, with councilmen Tim Wehr and Kerry Blessinger both absent for Tuesday’s meeting, although both Kissling and Bounds stated they do not agree with Title VI’s definition of gender identity. They voted the way they did, though, because they do not want the city to lose out on federal assistance.

The resolution will be heard for final adoption at the council’s meeting at 7 p.m. on Tuesday, June 28, at City Hall, 508 E. Fourth St.

Mayor Denny Spinner released a statement this morning calling for the council to unanimously approve the resolution at its June 28 meeting.

“The City of Huntingburg has a long history of being inclusive,” the statement began. “I am proud that we are the community of choice for citizens that reflect the diversity of our nation. As mayor, it is my sworn duty to uphold the laws of the United States of America, including the Civil Rights Act of 1964 and any Presidential Executive Order relating to that act, not only because it is law, but because it is the right thing to do. As a city, we cannot and will not discriminate against any of our citizens or any visitor to our city.

“The Title VI plan adopted by the City of Huntingburg in 2015 clearly states that no person shall be excluded from participation in, denied benefits of, or be subjected to discrimination from any program receiving federal assistance. We as a city want all of our community members to enjoy the benefits of our programs, services and activities not only because it is a civil right, but because it is our social responsibility to uphold diversity and inclusion. I respect each of the council members and their opinions, but this is not a matter of opinion. The resolution considered last night will come before the council again at our next meeting, and I am calling on our council to pass the resolution unanimously to demonstrate our city’s commitment to not only uphold the laws of our nation, but to demonstrate we truly are an inclusive city that respects and values all of our citizens.”

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