Please contact your Council representative and ask them to support an amendment to South Bend's Human Rights Ordinance that would include protection from discrimination on the basis of sexual orientation (heterosexual, bisexual, gay, lesbian) and gender identity.
Contact information for the Council Members can be found here.
Minutes from the 10/25/10 Common Council meeting regarding Bill 30-10
Coverage of the Bill begins on page 2.
Presentation is located on pages 3 - 4.
Public comments in favor are located on pages 4 - 7.
Public Comments in opposition are located on pages 7 - 11.
Rebuttal is located on pages 11 - 12.
Comments by Council Members are located on pages 12 - 14.
Memo from Kathy Cekanski-Farrand,
Attorney for the South Bend Common Council, outlining her legal concerns about
Bill 30-10 and a legal reply by Aladean DeRose, Attorney for the Human Rights Commission
Comments made by Common Council Members after the vote on 7/10/06 can be read below.
Henry Davis, Jr., 2nd District
Tom LaFountain, 3rd District
Oliver Davis, 6th District
Mayor Steve Luecke (D), in support
Luecke, the last to speak, expressed support for a sexual discrimination ordinance.
"When I pledge allegiance to the flag, I say 'with liberty and justice for all,' and that's what it means to me," Luecke said.
There should not be any discrimination in this community against people because of sexual preference.
"I would support an ordinance to that effect. There should not be discrimination in terms of housing, there should not be discrimination in terms of employment.
"It's very important for all individuals to have the opportunity that is promised to all individuals in this country," Luecke said. (from South Bend Tribune, 4/21/07)
“He does believe that there is discrimination in South Bend, Indiana and in the nation, based upon sexual orientation and gender identity. If we all look into our hearts, and around this community, you can come to this conclusion. He believes that it is appropriate to address this at the local level. The City does have the authority under Home Rule. Certainly, it would be better if addressed at the state or federal level, but it has not been. So, sometimes it is called upon us as individuals or communities to take the lead. South Bend’s Human rights Commission started in 1956, before state or Federal laws were in place on this issue. South Bend would be the first 2nd class city with a mandatory ordinance…He thinks it would be better for everyone to have a citywide ordinance that is really inclusive for the entire community. This is an issue on which people of good heart and good faith disagree. Individuals will reach different conclusions for different reasons, but he hopes that common ground can be found. He believes that the common ground that can be found is that this is a nation with high ideals, built on the proposition that all persons are created equal…He stated that people are called to see common humanity in one another, to take a stand against discrimination based on sexual orientation and gender identity, to provide protection, provide a forum, and means of redress. These are our neighbors, our friends, our brothers, our sisters, our children. Where will they go to ask for assistance? Where will they go to seek protection? They should be able to go the Human Rights Commission in the City of South Bend. He encouraged the Council to adopt Bill 29-06.” (from Common Council minutes, 7/10/07)
Derek Dieter (D), 1st District, in opposition
“He stated that if this issue was a problem, that the Human Rights Commission could not handle it at that time, that they would have approached the Council before these meetings that Charlotte had. Another issue that stuck out is that the people from the Human Rights Commission spoke on behalf of themselves and not the Commission, so that points to something else. Also he agrees with Dr. Varner about the enforceability and the information he received from different people on that. He stated that [Charles] Rice with his article, was right on the money…He also agreed with Councilmember Kirsits that the Council and everyone on the Council is opposed to discrimination of any kind. However, the way that the ordinance stands now, it doesn't address and is very vague on its definition. The choices that people make in their own lives are up to them. But what is being put out here tonight, he is not in agreement with.” (from South Bend Common Council minutes, 7/10/06)
Ann Puzzello (D) 4th District, in support:
“She believes strongly in equality and freedom; the freedom of opportunity under the law for everyone. She also thinks that she owes respect to everyone who does the best they can with the gifts given to them. That includes helping to achieve equality for all people, not accepting fear or making judgments against those who are different from her. She thinks that we have to fight against this human tendency to make judgments. We have to fight that all of our lives, all of us! Tonight, we are not talking about marriage, and we are not talking about trying to change people’s religious convictions. A person who has the money to rent or buy a home, or has the education or training to hold a job, should, under freedom of opportunity, be allowed to do so. We cannot lovingly deny anyone this right. This is discrimination and certainly has nothing to do with love. When speaking of discrimination against anyone, it is often mentioned that when it comes to employment, we want to hire the best employee possible. Well, she wants the best employees in her City and the best neighbors in her neighborhood. Please give all law abiding citizens an equal playing field.” (from South Bend Common Council minutes, 7/10/06)
David Varner (R) 5th District, in opposition:
“…what we are being asked here is to create a protected status of the GLBT population. We have throughout the history of the discrimination, through the civil rights movement and human rights movements, created a process through the courts and through legislation which is created, a systematic means by determining if and when the status of a people or an organization or group of people who request special status. It is not quick. It’s probably not pretty. It involves a lot of meetings like this, but the process as he understands it, simply before the status is recognized they must meet three or four criteria which have been established by courts over time. The next step will be legislation formulated on a federal level and has been done in the past, it goes from the federal level, which makes it uniform. And if it is uniform, he thinks that it is more fair than if 350 cities or counties write 350 different ordinances. It is certainly more understandable. It will also be better researched. It will be better documented. It will be better tested…The Council does not have the time, nor the staff for the effort. He believes that if the Council does not have good information, a good decision cannot be made. He believes that the Council has the responsibility to make a decision that is good, not an emotional decision. He stated that he took a lot of notes. That got him thinking that despite the fact that it won’t be quick or easy, if in fact that it is determined that gay and lesbian status should be protected, it will proceed down the normal pathway. It will happen. We will have it, and we will move on from there because it will be more specific and thought-through legislation.” (from South Bend Common Council minutes, 7/10/06)
Al "Buddy" Kirsits (D) At-large, in support:
“He appreciates everyone with their comments being lovingly opposed, however, he thinks that every Councilmember here can state that some of the e-mails and contacts that they received were way out there, almost to the point of hatred…What he worries about with the City is that when you are a resident of the corporate City limits of South Bend, you get the benefits of the City and as we all know, you get the challenges too. Often times it takes a special person and when he breaks this down to a simpler issue of his neighborhood that he loves dearly, he looks at neighbors and friends there that have celebrated in the triumphs and outright tragedies in his neighborhood - that quite possibly they wouldn’t be his neighbor just because they are gay or lesbian. Because they would be discriminated against in employment and would not have the financial means or wouldn’t have been able to buy that house. As someone who has lived all his life in this City, who has worked twenty eight years on the Fire Department to protect its citizens and has represented its citizens as a Councilmember for seven years, he finds that wrong. He certainly feels that a public policy is needed [so] those who have the hatred and violent nature in them towards this emotional issue are not allowed to do that…However, he thinks that this ordinance while it is strong to an extent, also puts in it those amendments, that legislative history, that he has talked about and the language in here that protects those Catholic institutions, those religious organizations; that they would not be extremely affected by this. He thinks it’s time for this City to take a step forward. He doesn’t think that this is going to have [an] adverse effect to turn this into a gay San Francisco parade, but he thinks that it’s going to be a matter of fairness for all its citizens that choose to live and accept the benefits and take up the challenges of living in the City of South Bend.” (from South Bend Common Council minutes, 7/10/06)
Karen White (D) - At large, in opposition:
“She stated that she has heard a lot of comments in regard to civil rights versus special rights. She has received a number of emails as well as telephone messages and has kept a tally of those who have expressed their support versus those who have been in opposition. According to her tally the vote is running 2-1 in opposition to amending the Human Rights Ordinance. There are a lot of issues that need to still be addressed. There is a way that she believes this Council can continue to have the level of discussions that she believes are needed to continue to wrestle and articulate as well as talk about an issue that is very dear to everyone’s heart. She doesn’t believe that anyone is saying that they support discrimination in any form or fashion. But as the Council begins to look at amending the Human Rights Ordinance, there are still a number of issues that she believes need to be addressed.” (from South Bend Common Council minutes, 7/10/06)
Tim Rouse (D) - At Large, in opposition:
“Contrary to what (Indiana University researcher) Ellen Anderson is saying, that 504 [polled] adults represent the feeling of the State of Indiana, we have had 850 emails and letters and he can tell you from 850 it is definitely against the ordinance. The email and letters that this council received was probably 3-1 against the ordinance. He stated that maybe we are strange residents in South Bend, or Hoosiers, but from what information he had he thinks it’s more decisively from the 850 than it is 107 residents in the city of South Bend, and that is about 3-1 against this ordinance. But that is not really the issue with him. He took an oath of office that said he would stand as a legislator for the City of South Bend. The oath reads as follows: “I, Timothy A. Rouse, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Indiana and I will faithfully and impartially discharge the duties of the office of the Common Council member at large, according to the law and the best of my ability.” He stated that he did not say in any sense that he was going to become a trailblazer and change the law and use this office to amend the constitution of the United States or the State of Indiana. And strictly, from a legislative perspective, he does not feel that there has been due diligence given to this ordinance. He stated that as a matter of fact, if he looks at the record of when it went into Committee, he cannot find hardly one time that it met in dialogue with the Committee to come to the ordinance that we’re asked to sign as a Common Council of the City of South Bend. So, he stands boldly, saying it is wrong, he cannot support it and it does not give it due diligence.” (from South Bend Common Council minutes, 7/10/06)
Rev. Timothy Rouse, the president of the South Bend Common Council is well known for his plain speaking, principled leadership.
As both a Pastor and as a Democratic Councilman, Tim is a unique public servant.
While he keeps his roles separate, he never leaves his values and principles at the Council Chamber door. Inspired by his faith and governed by his principles, Rev. Rouse led the loving opposition to the special rights to homosexuals ordinance on the Council. He did not back down when the Mayer weighed in or when other Council Members attempted to insult his character.
Instead, this ex-Marine skillfully held his ground and refused to allow homosexual activists to hijack the civil rights movement, even when every one in opposition to the special rights ordinance were called bigots.
For steady leadership under fire, we are pleased to recognize
Rev. Tim Rouse with the CCV Public Servant of the Year Award. (from comments by Patrick Mangan, Executive Director, Citizens for Community Values, when Tim Rouse was given an award for helping to defeat the amendment, 11/15/06) View Photos (Scroll Down)
South Bend Equality
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