De Pere transgender rights ordinance will still take effect, despite lawsuit

DE PERE - A controversial De Pere ordinance that bans discrimination against transgender persons will still take effect Thursday, despite a newly filed lawsuit that could imperil its future.

Five churches and a Christian radio station sued the city last week over a new law that prohibits employers, businesses and landlords from discriminating against people because of their gender identity and expression, including those who identify as transgender.

The lawsuit, filed in Brown County Circuit Court, asserts that the ordinance fails to exempt religious groups whose stated beliefs do not support transgender behavior.

The term transgender refers to people whose personal identity and gender does not

comport with their sex at birth.

A divided City Council approved the ordinance in November but delayed its implementation until March.

That is not changing because of the court action, according to City Attorney Judy Schmidt-Lehman, who said the plaintiffs have not sought an injunction to block the law.

Meanwhile, some business owners and employers have been contacting officials for guidance on how to comply with the ordinance, said Stacie Christian, director of inclusive excellence at UW-Green Bay.

Christian gave a presentation Tuesday at De Pere City Hall for the public about the anti-discrimination ordinance and how communities can be more inclusive of lesbian, gay, bisexual and transgender people.

"Relationships are important," Christian said. "People are working here, living here, raising their children here. That adds to the community."

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The plaintiffs in the lawsuit against De Pere contend the ordinance may infringe on their ability to manage employees and decide how facilities are used in ways consistent with their faith.

The churches and radio station want a court to either expressly carve out religious groups from being subject to the ordinance or declare the law unconstitutional.

Alderman Casey Nelson, who proposed the ordinance, said he believes the lawsuit lacks merit.

"I guess I'm a little bit confused by it," Nelson said of the lawsuit.

He pointed to exemptions already in the ordinance for religious organizations, and Schmidt-Lehman said state and federal law also include exemptions applicable to the ordinance.

Tuesday's gathering drew about 20 people, including Matt Baye, pastor of Hope Lutheran Church, one of the plaintiffs in the case.

Baye said he attended the information session because he wanted to learn more about transgender issues and hear what people are thinking. He said the legal action is strictly about ensuring religious liberty.

"The fact that we filed a lawsuit doesn't mean we want to drive transgender people out of De Pere," Baye said.