Houston’s nondiscrimination ordinance is rejected at polls

Houston voters rejected a controversial measure Tuesday that would have barred discrimination against gays and transgender people in the wake of an 18-month battle that pitted advocates of gay rights against those who believed they were defending religious liberty.

The vote had been expected to be close. But with about 30 percent of precincts reporting, the measure was trailing badly, 62 percent to 38 percent, and The Associated Press called the election for foes of the measure.

The Houston Equal Rights Ordinance was initially approved by the City Council in May 2014. But opponents sued. In July, the Texas Supreme Court ordered the city to either repeal it or place the measure on the ballot.

Texas is one of 28 states that does not have statewide nondiscrimination protections – although major cities have adopted policies, including Austin, Dallas, Fort Worth and San Antonio.

Of the other 22 states, 17 bar discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and four offer limited protections. Last month, New York Gov. Andrew M. Cuomo announced executive action to protect transgender people from discrimination.

Tuesday’s referendum has drawn attention from across the country. The ordinance received high-profile endorsements last week from the White House and Democratic presidential candidate Hillary Rodham Clinton.

Supporters, including Mayor Annise Parker, the first lesbian mayor of a major U.S. city; NAACP officials, pastors and business leaders, say the measure would offer increased protections for 15 groups, including gay and transgender people.

“All of these groups understand that in order for Houston to continue growing and being the great city we want it to be, this is a tool we need,” said Richard Carlbom, campaign manager for Houston Unites, noting that among the country’s 10 largest cities, Houston is the only one that lacks LGBT nondiscrimination protection.

“The stakes are high for the city,” he said.

Political analysts have said the measure enjoyed early support. But conservative opponents reached out to minorities and eroded that support. Much hinged on turnout, which was expected to be high because of a heated race to replace Parker, who is stepping down because of term limits.

Supporters focused on canvassing and phone banking a City Council district that includes the Heights and Montrose neighborhoods, havens for the LGBT community, but also reached out to less active voters elsewhere.

Conservative leaders also campaigned and spoke out against the ordinance, including a coalition of pastors, Republican Gov. Greg Abbott, Lt. Gov. Dan Patrick, former Houston Astro Lance Berkman and Houston Texans football owner Bob McNair.

Opponents say the measure, which they call Proposition 1 or the “bathroom ordinance,” infringes on their religious beliefs and poses a public health risk by allowing transgender women into women’s restrooms.

Jonathan Saenz, president of Texas Values Action, a conservative group that opposed the ordinance, said they were hopeful the measure would fail, given high early-voter turnout in conservative areas and a weekend rally with local pastors in the historically African-American Fifth Ward.

“What voters are realizing is that this ordinance really just goes too far; it’s not needed,” Saenz said. “If the ordinance is defeated, I think you’re going to see a lot of unity as people exhale and say let’s get back to what we do best, which is to be tolerant of other people’s views but also business and liberty.”

This story was originally published November 3, 2015 at 8:24 PM with the headline "Houston’s nondiscrimination ordinance is rejected at polls."