LGBT citizens have been a protected class in Evansville, Indiana for four years. Yet sexual orientation and gender identity discrimination allegations were investigated on a voluntary basis per city ordinance. This meant that if an individual were to be fired, denied housing, or refused service based on their sexuality that the case could be closed if the investigator encountered an accused company or individual who refused to comply with an investigation. This left an entire group of individuals open to discrimination without any guarantee backing those protections.
On the evening of Feb. 22, city officials passed the amendment which gives the Human Relations Commission investigatory and enforcement powers into allegations of discrimination based on sexual orientation and gender identity. This amendment will prevent accused parties from negating an investigation of alleged offenses.
The Human Relations Commission received this new authority with a city council vote of 7-2 after hearing more than 20 speakers from the public. Most of the public spoke against the update to the ordinance. Many expressed concerns about legislation impeding upon their liberties.
City Councilwoman Michelle Mercer, R-At-Large, was the most outspoken critic of the amendment. She expressed her concerns that the passing of this ordinance will open the city of Evansville to lawsuits due to a violation of the Indiana Constitution.
“If we pass this, first of all, I would anticipate that Evansville will be sued. We will cost the taxpayers money unnecessarily in a lawsuit," she commented.
A lawsuit could be probable, as they have been brought against Indianapolis, Carmel, Bloomington and Columbus after they passed LGBT protections.
Mercer’s concerns weren’t only in regards to taxpayer money, she also expressed concern about religious liberty. The religious exemptions listed in the amendment allow certain religious organizations to discriminate according to their beliefs, but that was not enough. She wanted to amend the proposal to include individuals or private businesses with a “religious conscience”.
Mercer was joined in her dissent by fellow Republican Councilman Justin Elpers, 5th Ward, who also spoke out against the strengthening of the civil rights of community members. He wanted to hold off the vote until more religious exemptions were added.
"In this ordinance there is not a balance. Either way somebody's going to lose," Elpers stated at the beginning of the council meeting.
Both Mercer and Elpers were in support of Evansville’s LGBT protection ammendments while speaking at a candidate forum in October, two weeks prior to elections. On Monday, they both voted against the ordinance, however.
The two remaining Republicans on the city council voted in favor of the amendment, Councilman Dan McGinn, R-1st Ward, stated that equal protection under the law isn’t just for some people, it’s for everyone.
"(The U.S. Constitution) is not like a menu at the restaurant. You don't pick one from column A, one from column B, and one from column C and leave the rest on the table. The Founding Fathers put these amendments in for a reason. They are not mutually exclusive," McGinn added.
After Governor Pence’s RFRA debacle, many cities and counties within Indiana have taken LGBT protections into their own hands, to make sure every Hoosier feels safe in their communities. The city of Muncie passed protections on April 6, 2015, shortly after RFRA was signed by Pence.
Not every city in Indiana has been quick to add LGBT protection amendments. During the state of the city address on Monday Feb. 22, Kokomo Mayor Greg Goodnight called for the city council to pass its own non-discrimination ordinance.
“It should’ve been on everybody’s plate a long time ago, so I’m not going to make excuses for the city of Kokomo,” city council president Bob Hayes stated. “The only thing I’m going to say is that Kokomo is going to catch up real quick.”
