S.A. council passes nonbias ordinance

An issue that starkly divided San Antonio this summer was resolved Thursday when the City Council approved an ordinance that adds protections for sexual orientation, gender identity and veteran status to the city code.

In four separate public forums since mid-August, more than 1,500 people approached the dais at City Hall and addressed the council, speaking passionately in support of and against the ordinance that drew national attention. Final public comments were heard about three hours before the council took its vote.

In separate votes, the council approved adding veteran status 9-2, and approved adding LGBT protections 8-3.

“It's a common-sense ordinance that's going to treat everyone equally,” Mayor Julián Castro said after the vote. “Nobody will be a second-class citizen in San Antonio. Here, there will be basic fairness and common decency for everybody.”

When it was over, red-clad supporters of the policy walked victoriously out of the council chambers, waving rainbow flags. They spilled into Main Plaza shouting mantras of equality and justice.

Jennifer Echeverry (left) and Julie Pousson celebrate with a rainbow flag Thursday Sep. 5, 2013, outside City Council chambers in Main Plaza after the council passed the nondiscrimination ordinance by a vote of 8-3. less Jennifer Echeverry (left) and Julie Pousson celebrate with a rainbow flag Thursday Sep. 5, 2013, outside City Council chambers in Main Plaza after the council passed the nondiscrimination ordinance by a vote of ... more Photo: Edward A. Ornelas, San Antonio Express-News Photo: Edward A. Ornelas, San Antonio Express-News Image 1 of / 51 Caption Close S.A. council passes nonbias ordinance 1 / 51 Back to Gallery

And opponents, dressed in blue, left quietly in defeat, vowing to fight the ordinance in the courts and to unseat or recall elected leaders for ignoring their pleas to table or spike the measure altogether.

Proponents of the measure viewed the issue as part of this nation's continuing struggle for human rights. Opponents argued the ordinance tramples on their First Amendment rights to free speech and religious liberty.

Council members implored the fractured citizenry to begin the healing process.

Councilman Rey Saldaña told opponents they could choose to “be filled with bitterness or with hatred” or “decide to move toward the direction of compassion and understanding.”

“This city is important and it's special because of its diversity, its diversity of opinions, diversity of people, and its richness and its love for every San Antonian, and that love is not exclusive — it is inclusive,” he said.

Councilwoman Ivy Taylor, who voted against the LGBT protections, acknowledged that opponents had voiced “contempt and disdain” for the LGBT community and that some of their remarks made her “cringe.”

She said she was frustrated that proponents would “paint anyone with religious objections as bigots hiding behind religion.”

The often mild-mannered East Side council member said she'd hoped to vote for the measure but couldn't overcome concerns that it would stifle individual religious freedoms.

“I really wanted to be able to vote yes on this ordinance because I wanted to be able to affirm that all citizens deserve protection under the law, which I do believe,” Taylor said. “I know that people will say that I'm an ignorant bigot, or that I gave in to fear and prejudice, but I know my heart. I am not a coward. I am not a bigot. And I am not ignorant.”

Prefacing his vote, Councilman Diego Bernal, who introduced the measure, offered personal insight into his own personal evolution from homophobia to advocacy for the LGBT community.

For months he spearheaded efforts to pass the measure, meeting with dozens of religious and civic leaders who opposed the updates as “reverse discrimination.”

As a teenager, Bernal said he was a homophobic athlete. Then a friend at Jefferson High School revealed that he was gay.

Bernal said since then he has befriended many others in the LGBT community during college, law school and beyond. As a civil rights attorney, he worked on cases involving hate crimes.

“All these people — all of them — have given me personal examples of discrimination. I am not saying it's rampant,” he said. “I am not saying our city is overcome by it, but my responsibility as an elected person is to take what might be 10 and get it to nine or eight or seven — as much as I can. And that is the spirit in which this is done.”

During the course of public testimony, many speakers said the opposite, citing scripture as evidence of what they consider immoral acts.

Councilwoman Elisa Chan, whose secretly recorded May 21 staff meeting on the issue thrust the debate into the national spotlight, has alternatively become a pariah and a heroine.

Last week, when the council met to discuss the proposal, she was greeted by a standing ovation. Later, ordinance supporters chastised her for disparaging remarks she made in the secret recording about the LGBT community.

In it, Chan called gays “disgusting” and said they shouldn't be allowed to adopt children. On Thursday, Chan expressed disappointment in the process.

“Over the course of this debate, tolerance has separated itself from understanding and has become a dictate to agree. I have not heard a single person who said he or she agrees to any form of discrimination,” Chan said. “Just because I disagree with the lifestyle choices of the LGBT community doesn't mean that I dislike them.”

Councilman Carlton Soules sided with her, also casting dissenting votes in both measures. He chastised his colleagues for supporting the measure even before the council met to discuss the ordinance and for not taking a more critical approach.

Soules and Chan surprised no one with their votes against the LGBT protections, but they hadn't signaled they would dissent on the veteran status issue. Bernal agreed to split the measure into two votes for two reasons. One was to give council members who opposed the measure something they could vote for.

Councilman Ray Lopez explained the second reason: he and others didn't want to be accused of using veterans to leverage the vote.

Lopez said he was hurt his personal Catholic faith was questioned. In supporting the measure, Lopez echoed Pope Francis's position on gay priests.

“Who am I to judge? I keep coming back to that,” Lopez said. “It gives me a solid personal position. I will be able to sleep tonight.”

Staff Writer Abe Levy contributed to this report.