TX court sidelines Houston’s pro-LGBT ordinance

The court ruled that the city of Houston must repeal or allow a vote on the Equal Rights Ordinance, an ordinance that qualified for the ballot but was kept off by Houston’s mayor, who sparked outrage when she tried to subpoena sermons and communications of local pastors.

A racially diverse coalition of Houston churches has fought for months to defeat the measure, which bans discrimination based on sexual orientation and gender identity.

“The legislative power reserved to the people is not being honored…”, the court ruled.

In a 12-page per curiam decision, the court determined the city council erred by not suspending the measure after City Secretary Anna Russel determined its opponents had submitted 17,846 valid signatures on a petition for a voter-initiated referendum to rescind the ordinance – slightly more than the necessary 17,269 names. The Supreme Court decision overrides that ruling. Only 17,000 were needed, but the city and then a lower-court judge tossed enough signatures to deny voters.

Organizers of the petition gathering effort maintained after the city secretary certifies the petition’s sufficiency, the city council must reconsider the ordinance and, if it does not repeal it, place it on the ballot in the next general election.

The ruling from the state’s highest court comes in a suit filed by anti-LGBTI activists including former Harris County Republican Party Chair Jared Woodfill. The protections also apply to city contractors and municipal workers.

Houston Mayor Annise Parker, who is gay and pushed for the ordinance passed by the City Council last year, said in a statement she was disappointed and was still consulting with lawyers.

“[The amendment] will prohibit men from going into women’s bathrooms and vice versa in all sex-oriented facilities – like swimming pools, locker rooms – that the city has”, Wilson explained to Houston TV station KHOU.

According to the legal team of Parker, Wilson has repeatedly been informed that his proposed charter change is too similar to a repeal petition that was already unsuccessfuly lodged in courts against the HERO in April, and therefore will not be formally addressed. “The mayor simply does not want the people to have the right to vote”.