Gainesville (FL) Goes Through Article XII

20 03 2009


From Pam’s House Blend

Gainesville, FL is getting a brand spanking new law to fight. Guess what it reads?

Amendment to City Charter Prohibiting the City from Providing Certain Civil Rights

Shall the City Charter Be Amended to prohibit the adoption or enforcement of ordinances, regulations, rules, or policies that provide protected status, preferences, or discrimination claims based on classification, characteristics, or orientations not recognized by the Florida Civil Rights Act. The act recognizes, race, color, creed, religion, gender, national origin, age, handicap, marital and familial status. Additionally, this amendment voids existing ordinances concerning sexual orientation, gender identity, and other ordinances inconsistent with this amendment.

The reason this caught my eye? Because Cincinnati fought this off — and won — in 2004. In fact, it looks suspiciously like the old law in Cin-Town. Which law? Famous Article XII:

“The City of Cincinnati …may not enact, adopt, enforce or administer any ordinance, regulation, rule or policy which provides that homosexual, lesbian, or bisexual orientation, status, conduct, or relationship constitutes, entitles or otherwise provides a person with the basis to have any claim of minority or protected status, quota preference or other preferential treatment.”

It didn’t take the commentators long — the first comment, actually — to make the connection. And, of course, there’s always Romer v. Evans, but does it apply, this time? But, apparently, that only applies to states, even though the SCOTUS tried to send the message to Cinci that this applies here, too.

But, we’ll see.

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