Hmm. Perhaps I was too quick to accept Mayor Annise Parker’s “compromise” on the sexual predator protection act as a good thing. At least that is what Jared Woodfill and the rest of the gang opposing the ordinance think. From Jared’s email after the “compromise”:

After hearing from tens of thousands of Houstonians opposed to Mayor Parker’s Sexual Predator Protection Act, the Mayor recently claimed she was removing the “Bathroom Language” (Section 17-51(b)) which allowed gender confused individuals to utilize the bathroom associated with their gender identity/preference or expression regardless of their biological sex. The Mayor claims she is compromising on her original position. Unfortunately, Mayor Parker’s personal, social agenda dominates her decision making and one must study the language of the Ordinance to appreciate the deceptiveness of the alleged compromise. The Mayor’s “compromise” actually makes the Ordinance more egregious and dangerous to our families.

Even if Section 17-51(b) (“Bathroom Language”) is removed from the ordinance, places of public accommodation will still be required to allow biological males to use the women’s restrooms, locker rooms, and other facilities.  Even worse, businesses will be forced to allow more biological males into the women’s facilities than if Section 17-51(b) is not removed.

Section 17-51(a) makes it “unlawful for any place of public accommodation or any employee or agent thereof to discriminate against any person on the basis of any protected characteristic.” The Ordinance defines discrimination: “to distinguish, differentiate, separate or segregate…any person on the basis of a protected characteristic.” (section 17-2) “Gender identity” is a protected characteristic under the ordinance. Therefore, if the Bathroom Language is removed, places of public accommodation that do not allow all who claim to be women, regardless of biological sex, to use the women’s facilities could face criminal charges of discrimination pursuant to Section 17-51(a).

To make things worse, the Mayor eliminates the “good faith” defense provided to businesses under Section 17-51(b). This means that places of public accommodation will be forced to allow biological males who present as male (regardless of whether they are dressed as females) to use women’s facilities, since the ordinance prohibits discrimination because of gender identity. Removing Section 17-51(b) and its “good faith” defense will allow more biological males into the women’s facilities, not less.

This is just one of many reasons I have previously articulated that justify defeating our term limited Mayor’s last ditch effort to push her personal, social agenda on the City of Houston. Please call, email, and fax all City Council Members and the Mayor immediately.  Thank you for standing tall!

Dave Welch’s group, the Houston Area Pastor Council, put out a legal opinion backing up Jared’s interpretation:

May 13, 2014

David Welch
U. S. Pastor Council
P.O. Box 692207
Houston, TX 77269

Re: Removing Section 17-51(b) (the “Bathroom Language”) from Mayor Parker’s Ordinance will allow MORE biological males into the women’s facilities, not less.

Dear Mr. Welch:

Even if Section 17-51(b) (the “Bathroom Language”) is removed from Mayor Parker’s Ordinance, places of public accommodation will still be forced to allow biological males to use the women’s restrooms, locker rooms, and similar facilities. In fact, they will be forced to allow even more biological males in the women’s facilities than if Section 17-51(b) is not removed.

Section 17-51(a) makes it “unlawful for any place of public accommodation or any employee or agent thereof to discriminate against any person on the basis of any protected characteristic.” To “discriminate” means “to distinguish, differentiate, separate, or segregate … any person on the basis of a protected characteristic.” (Ordinance § 17-2.) “Gender identity” is a protected characteristic. So even without the Bathroom Language, places of public accommodation that do not allow all who claim to be women, regardless of biological sex, to use the women’s facilities could face charges of discrimination pursuant to Section 17-51(a).

Section 17-51(b) provides a good faith defense to businesses that deny biological males access to the women’s facilities when they do not express themselves as female. Removing Section 17-51(b) also removes that defense. As a result, places of public accommodation will be forced to allow biological males who present as male (i.e., are not dressed as female) to use the women’s facilities, since the Ordinance prohibits discrimination because of gender identity (not gender expression). Removing Section 17-51(b) and its good faith defense will thus allow more biological males into the women’s facilities, not less.

Very sincerely yours,

ALLIANCE DEFENDING FREEDOM
Joe La Rue
Legal Counsel
15100 N. 90th Street
Scottsdale, Arizona 85260

Jonathan Saenz of Texas Values sent out his own interpretation:

Houston, TX, May 14, 2014 – Today, Mayor Annise Parker and the Houston City Council will vote on theproposed wide-reaching LGBT ordinance that she has fast tracked through the council process. The proposed ordinance is a threat to public safety, Christians, and the private sector of Houston. The ordinance would give government new power to force private individuals and businesses to affirm homosexual conduct and actual or perceived “gender identity” or face serious criminal penalties, will allow men access to women’s bathrooms and locker rooms and some provisions may also be enforced against churches. The Houston City Council will meet at 9 a.m. today.

Mayor Parker announced yesterday that certain language that specifically applies to bathroom access by transsexuals would be proposed to be removed today. The language is still currently in the ordinance. And in fact, other portions of the ordinance still give transsexuals rights to the bathroom they choose, but now there is now “good faith exception” if a business owner makes a mistake about the sex of the person entering the bathroom or shower room. See more detailed analysis below. Legal experts agree, this change in the ordinance will allow MORE men to enter women’s bathrooms!

Numerous faith and local community leaders spoken out against the proposed LGBT ordinance and over 64,000 email message have been sent to council members against the ordinance.

Texas Values Action president, Jonathan Saenz, released the following statement:

“The Mayor’s last minute trick is no surprise. This is all part of the deception and effort to punish people of faith and give transsexuals and others a weapon to advance their sexual lifestyle with no limitations. This ordinance is still a major a threat to public safety, is an expansive overreach of big government and violates the rights of private citizens and we expect the City Council to vote for common sense and vote this ordinance down.”

More information is available at txvaluesaction.org.

Taken together, these releases are certainly enough to make you stop and think. Especially when you take a look at Mayor Parker’s Twitter feed and see what she tweeted regarding the language removed:

To my trans sisters/brothers: you’re still fully protected in Equal Rights Ordinance. We’re simply removing language that singled you out.-A

Well then. It looks like Jared, et al, are correct in their assessment. BTW, for a treat, click on that link to her tweet and read the discussion. Goodness.

Here is the real question: In a city that has potholes big enough to swallow small cars and “brownouts” with no coverage from the Houston Fire Department, why in the world are the mayor and city council pushing this completely unnecessary measure?