There aren’t federal anti-discrimination laws explicitly for the lesbian, gay, bisexual and transgender community. There aren’t any Florida laws, either.
But if Jacksonville’s elected officials want to include sexual orientation and gender identity in anti-discrimination laws, they can, according to a legal review released Tuesday.
It’s a main point in the 19-page review issued by the Office of General Counsel, which studied discrimination laws at the behest of Mayor Alvin Brown.
In April, Brown said he wanted all federal, state and local discrimination laws reviewed to help City Council have all available information it needs.
Council in 2012 rejected an anti-discrimination ordinance that would have added language for sexual orientation and gender identity. Brown didn’t take a public stance during those discussions.
“It remains to the discretion of Jacksonville lawmakers whether LGBT anti-discrimination laws are appropriate,” the report by city General Counsel Jason Gabriel states.
And there’s a new wave of officeholders starting today.
The office of new Mayor Lenny Curry released a statement shortly after the review was released, saying the mayor, staff, council and others will be able to review it going forward.
“As we have said, on any issue that relates to Jacksonville’s future, Mayor-elect Curry will lead an inclusive discussion among all stakeholders as we chart a path forward,” Curry spokesman Bill Spann said Tuesday.
New council President Greg Anderson said Tuesday afternoon he hadn’t had the chance to read the report and refrained from comment until he had the opportunity to review it.
Others in the community had, though.
“The results of the study make clear that Jacksonville has fallen behind,” said Dan Merkan, Jacksonville Coalition for Equality chair.
According to the review, Florida is among 17 states that don’t have provisions specifically addressing sexual orientation or gender identification — with most of those states in the South and Midwest. It’s also among 21 states that have passed religious freedom statutes, which provide greater protection to a person’s religious rights.
Despite the lack of any state law, 10 out of Florida’s 67 counties have passed local laws, according to the review. It also cites a Gallup poll highlighting the Jacksonville metro area as having the highest percentage of residents who identify themselves as lesbian, gay, bisexual or transgender.
“Unlike Miami, Orlando and Tampa metropolitan areas, however, Jacksonville currently has no local law explicitly prohibiting against discrimination against the LGBT community,” the review said.
With nothing laid out by the federal government or Florida officials, local lawmakers can take the lead on the issue if they choose, the report said.
Whatever goes on the books, though, can’t conflict with federal and state law.
Jimmy Midyette, chair of the legislative committee of the Jacksonville Coalition, called the legal review a “dispassionate, neutral analysis” that was comprehensive. It also dealt with several issues council might have to wrestle with when the issue eventually comes up, he said. That includes religious exemptions and any potential caseload increase for Human Rights Commission investigations.
But, possibly enacting any type of ordinance might be a few months away.
Midyette said he and others in the coalition are trying to manage their members’ expectations, as council likely will deal with the city budget before taking up the issue. Merkel echoed that in the release.
“They (first) have to learn how to be council people,” said Midyette.
He said he doesn’t anticipate Curry will handle the issue through executive order, especially without the public conversation the mayor talked about on the campaign trail. Curry maintained he didn’t see Jacksonville as a discriminatory people, but would lead on any discussion.
Midyette said he remains optimistic about an all-inclusive addition to local laws in the coming months, though, at least after talking to many of the new council members.
“It sounds like they are open to the proposition,” he said. “They don’t have want to have another embarrassing series.”
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