Coming to a Town Near You?
from Liberty Institute
In one of the most dangerous constitutional violations Liberty Institute has ever seen, the City of San Antonio passed a so-called non-discrimination protection to lesbian, gay, bisexual and transgender individuals in a way that stifles free speech and tramples on religious liberty.
The law targets citizens and businesses that hold traditional religious views about sexuality, and grants special protected status and rights to homosexual, bisexual, and transgendered individuals. Among other items, the ordinance:
- Subjects members of Boards and Commissions to liability for “malfeasance” if they have “demonstrate[ed] a bias by word or deed . . . on the basis of . . . sexual orientation, [or] gender identity . . . while acting in the official capacity while in such public position.”
- Prohibits businesses from discriminating on basis of sexual orientation or gender identity in public accommodations, which includes “every business within the city . . . open to the general public and offers, for compensation, any product service or facility.” The penalty is a Class C Misdemeanor
- Prohibits discrimination in the sale or rental of housing. This offense is also a Class C Misdemeanor, although there is a very narrow exemption for religious organizations.
- Mandates that businesses and individuals contracting with the City must not engage in discrimination on the basis of sexual orientation or gender identity.
“The Ordinance is a cloudy and confusing collection of poorly thought out and conflicting statements that could have been more clearly and cleanly handled by simply including a broad religious liberty exemption to protect the free speech and religious liberty rights of both individuals and organizations that have religious objections to the requirements mandated by the Ordinance,” said Liberty Institute President & CEO Kelly Shackelford.
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