Jackson council adds LGBT protections to law

There was no discussion. No deliberation. No opposition.

All seven Jackson City Council members raised their hands Tuesday evening in support of a new comprehensive anti-discrimination policy that also prohibits discrimination based on gender identity and sexual orientation. Passing the agenda item was a breeze, much less contentious than a sign ordinance or purchasing a van for $1 — even less controversial than deciding when public comments should be held during council meetings.

"I think that this City Council along with the mayor have said repeatedly that Jackson is not a place that will tolerate discrimination of any kind. Tonight's vote was just more evidence of our sentiments," Councilman Tyrone Hendrix said.

The amendment, which Hendrix authored, adds gender identity to the city's hate crime code, so any crime committed because of a person's real or perceived gender identify now qualifies as a hate crime.

It also prohibits the refusal of public accommodations, housing and employment based on gender identity and sexual orientation, among other traits. Council members have been working on the language in this ordinance for months.

Jackson lawyer Rob McDuff, who is challenging Mississippi's House Bill 1523, said the amended ordinance contrasts with the state's pending religious freedom law.

"One problem with 1523 is that it limits, in some situations, the legal protection that people have against discrimination," McDuff said Wednesday. "This is illustrated by the Jackson city ordinance we just passed.

"The city of Jackson has a right to prohibit discrimination within the city limits, and 1523 threatens to diminish that protection."

Citing Romers vs Evans, McDuff added, "It is unconstitutional for a state to target gay people by taking away the protection that they otherwise have under the law, including municipal ordinances.

"I think the new Jackson city ordinance is going to be a factor the courts will consider as part of our 1523 challenge."

Eddie Outlaw, an LGBT advocate and the owner of Jackson's William Wallace Salon, attended the council meeting Tuesday night.

"More than anything, I want the LGBT community of Jackson to see this as a sign of hope for the future of all of us in Mississippi, especially in the heartbreaking aftermath of the tragedy in Orlando," Outlaw said in a Facebook message after the meeting.

Early Sunday morning, 49 people were killed and 53 injured in a mass shooting at Pulse, a gay nightclub in Orlando, Florida.

The Human Rights Campaign, the nation's largest LGBT civil rights advocacy group, responded shortly after the Jackson council's vote, hailing the decision. “As the LGBTQ community grapples with the horrific massacre in Orlando, it is truly encouraging to see the Jackson City Council taking decisive action to protect and affirm the rights of all their citizens,” said Rob Hill, HRC's Mississippi state director. “Discrimination and hate have no place in Jackson, and everyone, regardless of who they are, should have the legal right to feel safe in their community. We thank Councilman Tyrone Hendrix for his continued leadership on issues of equality and are confident that the council’s actions will serve as an example to communities across the country.”

This comes two months after another anti-discrimination statement from the city.

Jackson officials recently passed a resolution denouncing the state's Religious Liberty Accommodations Act, also known as HB 1523, which Gov. Phil Bryant signed in April. The city says the state's law "could be construed as anti-gay and lesbian and transgender."

At that time, Jackson Mayor Tony Yarber said, "We will not discriminate against any individual because of race, religious beliefs or sexual orientation, nor do we support legislation that allows for such discrimination."

The city's resolution states that Jackson acknowledges the U.S. Constitution, which prohibits governments from respecting an establishment of religion and protects all people equally under the law.

Council members bolstered this resolution by passing the ordinance amendments Tuesday, Hendrix said.

"I sincerely hope that others in a position of power, both at the municipal and state level, take a good look at the realities LGBT citizens face every day," Outlaw said. "Your hearts and prayers can't go out to Orlando while you ignore your own here. I just want our people to cling to hope."

The ordinance amendments appear on Page 65 of the meeting's agenda packet.

Contact Anna Wolfe at (601) 961-7326 or awolfe@gannett.com. Follow @ayewolfe on Twitter.