Gender identity ordinance stirs debate at Common Council

The Sabbagh-Sturbaum sponsored ordinance to amend the Bloomington Municipal Code so that it recognizes gender identity as a protected class met with ardent arguments both in favor and against at Wednesday's Common Council meeting.\nThe proposed ordinance adds gender identity to the list of protected classes which currently include race, religion, color, sex, national origin, ancestry, sexual orientation and disability.\nNext week's vote on the passage of the ordinance will be the culmination of more than two years of labor from members of the transgender community, the Bloomington Human Rights Commission and the City Council.\nBree Hartlage, president of the Indiana Transgender Rights Advocacy Alliance, reminded those present that it was Jan. 22, 2004 when she and gay lesbian bisexual transgender rights activist John Clower visited Mayor Mark Kruzan to discuss the inclusion of transgender people as a protected class.\nSince January, Hartlage, Clower and transgender advocates put their case before the BHRC, where legal arguments were ironed out.\nAdvocates argued that amending the code not only ensured codified protection, but would educate the public about what they believe is a form of discrimination.\nIn September 2005, the BHRC unanimously proposed that the amendment go before the city council, against the advice of its executive director, Barbara McKinney.\n"While not a perfect bill, this ordinance does serve its intended primary purpose," Hartlage said. "It adds gender identity to the Bloomington Human Rights Ordinance in a meaningful way that supports the desires of the transgender community." \nSome of the legal wrangling had to do with what class to include transgender people to better protect them. Currently, Indiana's Civil Rights Statute does not protect against discrimination on the basis of sexual orientation or gender identity, and some advised that instead of an ordinance change, complaints of gender identity discrimination should be pursued under the fully protected category of sex discrimination.\nMany Bloomington transgender residents decided to fight for their own classification, at least at the city level.\nCaleb Colbard spoke in favor of the amendment.\n"I'm here tonight to say I will not hide -- I will not be content to accept under the table concessions as long as I do not have to be publicly acknowledged," he said. "The addition of gender identity to the city's human rights ordinance is just, it is right and it is long overdue."\nPastors from Bloomington's Church of the Good Shepherd spoke against the passage of the ordinance.\n"We all have a nature, a nature that's a gift from God, and the contentment and joy in our lives largely depends on us not going against nature," Pastor Tim Bailey said. "Make no mistake about it: You are using your power to limit my conscience as a member of this community in the realm of sexuality by putting me and the orthodox Christian community at loggerheads with the ordinance you're going to pass next week."\nCurrently, there are ordinances from 78 cities and counties, statutes from nine states, policies from 82 Fortune 500 companies and 37 colleges and universities prohibiting discrimination based on gender identity, according to the legislative packet.\nIU currently does not honor gender identity as a protected class.\nThe Bloomington Municipal Code will define gender identity as meaning "a person's actual or perceived gender-related attributes, self-image, appearance, expression or behavior, whether such characteristics differ from those traditionally associated with the person's assigned sex at birth."\nThe council will vote on the ordinance at next week's Common Council meeting at 7:30 p.m. Wednesday at City Hall.