When I decided to sponsor this anti-discrimination ordinance, there was one question I never expected: "Is this even needed in Fayetteville?" I suppose I should have anticipated it, but it never crossed my mind because I had spoken with too many victims to ask that question myself. I knew too many who lived in fear of losing their homes or their job.
Readers who have been following this issue since the beginning will recognize this question, as it defined the debate until the City Council voted in favor of the ordinance. The discourse has since shifted, and it shifted because of the stories told at that marathon 10-hour public input session. Around 40 people bared their fears and their hearts to the council -- to the whole city. I expect many observers were surprised to learn it is quite legal to fire or evict someone simply for being gay. We heard almost 20 accounts of overt discrimination that night, and since then the debate has been centered on something else.
The locus of the present discussion is now a supposition the law is legally deficient. Opponents claim it strikes daring precedents. One claim is the requirement for probable cause is abolished (completely made up). Some fear that clergy will be forced to perform ceremonies against their beliefs. In fact, no governmental unit in America has such a power and the law has an explicit exemption. One of the most lawyerly claims is that the city attorney's interpretations of the ordinance would carry no weight in court. The Arkansas Supreme Court has said our city attorney's opinion shall be given "great deference" and any ambiguities shall favor the accused.
The fact is all of the arguments in opposition have either been debunked or are addressed by the ordinance. Consider one more: the claim that penalties for violation are excessive. In truth, violations of this ordinance carry the same penalties as exceeding the speed limit or running a red light. The rebuttal to this fact goes something like "it's not the penalties, but the public exposure that is damaging." In today's digital age wherein companies risk exposure with every passing tweet and status update, surely we recognize this as the red herring it is. And surely our civil rights are as important as common moving violations.
As this issue has worn on, I can't help but recall the testimony shared at that Aug. 19 council meeting. Numerous citizens have confided in me privately since I was elected, asking me to do something, yet I had never witnessed such bravery until that night. What courage their actions must have required! I am visited daily by that memory. It has bestowed upon me an unshakable belief that supporters of this ordinance are on the right side of history.
There is another belief I have. It is one which I was taught as a young child. I was raised in a Christian household and I was taught we are all God's children. As my faith has aged, I have come to recognize that doctrine communicates a universal principle that transcends religious practice. That principle is this: Every person deserves to be treated with respect. That principle should hold for all of us -- no matter who you are or who you love.
The simple truth is this ordinance creates fair protections that are absolutely necessary. This is 2014, and no one should be fired from his or her job, denied housing, or kicked out of a restaurant simply because of race, gender, religion or sexual orientation. Those actions would be inconsistent with our values. Unfortunately, there is a group that wants to take away those protections which Fayetteville now has. They claim legal deficiencies, but those are debunked. As members of this great community, It is our responsibility to stand up in favor of fairness and opportunity for all of our residents.
All folks who work hard, pay their taxes, serve in our military, and contribute to our community deserve to be treated fairly under the law, including our gay and transgender neighbors. Freedom means freedom for everyone -- it is wrong to treat people differently based solely on who they are or who they love. After all, everyone needs to be able to earn a living and provide for their families.
Let's come together, stand up and say no to discrimination for all the hard-working people of Fayetteville. I'm voting against repeal on Dec. 9. I hope you will join me.
MATTHEW PETTY REPRESENTS WARD 2 ON THE FAYETTEVILLE CITY COUNCIL.
Commentary on 11/30/2014Print Headline: 'Let's Keep Fayetteville Fair'