Ms. Rosenberg Profile picture
Aug 26, 2019 90 tweets 8 min read Read on X
It’s already standing room only at the Shawnee City Council meeting, where they’re considering adoption of an ordinance prohibiting discrimination against LGBT people
There’s a long agenda tonight. The NDO is towards the end.
I’m concerned about the crowd. Since 10 days ago when the city had the first debate, college students have left & school has started; many allies aren’t able to be here
There are many opposed here, identifying themselves with religious liberty stickers (the only anti-argument expressed last time)
1st speaker wants predators removed from western Shawnee. (She means coyotes, bobcats, & owls.) Me: good luck, you bought a house on the prairie
Btw if you want real coverage of this hearing, follow @MFrizzell85
If you want a sense of the debate at the 8/13 hearing to consider whether to consider an NDO, here’s my thread:
I highly doubt any new points will be made tonight. Pro: Basic fairness & the protections we all enjoy extended to our LGBT neighbors. Anti: .... you know.
The language: Standard stuff. exempts religious & fraternal orgs. Covers employment, housing, public accommodations. (That means denial of services, goods, etc).
City atty reminds us that state law protects religious practices & the NDO exempts religious orgs.
There’s no change to designating restrooms. Employers & businesses can designate restrooms at will.
NDO does not change criminal conduct of privacy violations. (City atty trying hard to quell trans bathroom panic, giving us all fewer chances to drink)
Proposal: If there’s a complaint, 1st attempt to resolve is mediation, then an investigation & city hearing. If a violation is found by clear & convincing evidence, then civil fines up to 1000.
City atty: It’s my home & family too.
Tony Gillette has 30 minutes to address the council. (Why?)
He doesn’t want the NDO. Privileges small group over larger group. No evidence of discrimination here. You can imagine this w/o my typing it. 😡
My mom is standing next to me muttering. She has a non-binary grandchild (my nibling). This is hard to listen to & she’s not Twitter-hardened
Using Jews as an example of why they need to permit discrimination. Get my name out of your mouth. These people are amoral.
I cannot articulate how offensive it is that this right-wing Catholic group is using antisemitism as an analogue for requiring people to treat everyone fairly
I mean come the fuck on
City atty clarifies that this proposed enforcement is civil, not criminal
1st speaker: Business owner, longtime resident. Discrimination is a problem. We want to treat people with dignity & respect. No reason our city wouldn’t say so & hold ourselves accountable
He points out all the anti arguments were used against racial civil rights. The antis hurt our community & the rights came anyway & we’re better for it.
Speaker: “creating a special class of citizens [& litigation] that harms a community
Small consolation: all these bigots have to put their names on the public record & someday, their ancestors will be ashamed of them.
Speaker: President of the Central Baptist Theological Seminary. Religious freedom doesn’t mean people can do whatever they want. Discrimination in jobs & housing causes harm, threatens lives
Speaker: It’s the right thing to do, it’s good for our community, it’s good for business
Speaker: runs a youth group for LGBT kids. Explaining the challenges they often face growing up
Speaker: Pro. UMC youth minister.
Speaker’s child is trans & can’t even be here tonight bc it’s unsafe for her.

This is her City Hall. That matters.
More than one speaker has pointed out that religious communities struggled w racial equality too.
Next speaker: Anti. NDOs aren’t what they appear to be. They’re really about persecuting Christians when they don’t want to provide wedding services
He tells a story in which two unnamed people have a conversation ending with one person saying “all Christians are bigots & mean”.

I ... do not believe him.
Literally: “Can I ask a question? It’s really more of a comment”
He tries to bring up other cases & the Mayor shuts his pompous, persecution-complex butt down
Next speaker: anti bc “we have a lot of laws”
Next speaker: Anti. Explaining the First Amendment religious freedom clauses (incorrectly. He is a retired TV meteorologist.)
Speaker: you cannot legislate respect
Speaker: Trans bathroom panic + a WHOLE BUNCHA incorrect legal analysis
Speaker: Hate crime legislation already exists

Me: Mike Thompson just proved he is not a smart man
Speaker: Anti. “Sex” in our existing NDO already covers gender identity & orientation, which lack a definition anyway

Lotta amateur lawyers tonight
Trans dressing room panic DRINK
Next speaker: President of Family Policy Alliance. He believes the proposed NDO exempts action based on sincerely held religious beliefs. BUT “the free market works”
“The free market works” is the lamest, worst argument against legally protecting vulnerable people
Brief aside: Kris Kobach’s PhD dissertation was about how the free market would have worked to end Apartheid without political action/int’l pressure
New speaker: Pro. Christianity is love.
Speaker asks council to uphold its duty to represent *all* citizens.
Speaker: concerned about NDO language of “perceived gender identity” bc it’s confusing
She has some other technical language questions that I’m not following
She’s opposed bc we don’t have any evidence of discrimination occurring
As was pointed out on 8/13, we don’t have data on discrimination incidents bc it’s legal to discriminate right now. We have individual stories.
Past 3 speakers were anti.
Speaker: Anti. No reason to copy other Johnson County cities. No Shawnee discrimination examples.
Speaker: ordinance won’t stop bigotry

I wonder if the people who make this point understand that it’s not as persuasive as they think it is
Speaker: Anti. This ordinance is too divisive. Also cake panic DRINK
Speaker: Anti. He provides services (unspecified) & fears he’d be in jeopardy.
Speaker: Pro. Shawnee was burned down twice bc of unintended consequences of discrimination (slavery). We need to end it in all its forms.
Speaker: He’s a professional actor who moved back to Shawnee to care for family. Pride activist. Has opened for Patti LaBelle!
Speaker: It was hard growing up gay in Shawnee. He had to hide who he was. He wants our town to be on the right side of history. An NDO would have made a difference to him growing up here.
Speaker: Anti. Randall White, ward 4 precinct committee member. Says he has 2 gay children. NDO is unnecessary. “Declaration of Independence is sufficient.”
Mr. White has some thoughts for us about the First Amendment religious freedom clauses
Bathroom panic DRINK
Mr. White: Expensive to defend ordinance against the inevitable litigation from Christian groups (a threat, probably)
Next speaker: Anti. Says NDO is probably unconstitutional bc impinges on religious practice
Next speaker: 67% Kansans favor nondiscrimination protections for LGBT people. Quoting New Testament
Next speaker: Anti. Doesn’t condone discrimination but sometimes serving people w love means denying them services

(Me: What)
Speaker: Pro. Some Bill of Rights history. When rights come in conflict, we balance them. Kansas already protects religious conscience. NDO is needed.
Next up: Pro. Corrects Mike Thompson! (Freedom from religion is, indeed, a thing.) The Catholic Church has no moral authority.
Speaker: If you’re against the NDO, you’ve fallen for a scam. You are on the same team as Fred Phelps.
Reading from a Westboro-style pamphlet & it’s the same arguments the antis have been making tonight
Speaker: This group’s goal is to consolidate power using faith.
“Why do people keep trying to keep the world from getting better?”
Speaker: has experienced discrimination as a queer person in Shawnee

(I guess people will stop saying there’s no problem, right? Right?)
Next up: Pro. The city is the right level to deal w it; we already have an NDO, this just expands it. The state’s not gonna do it.
Speaker: SCOTUS seems unlikely to take an expansive interpretation of Title VII. But if they did, & if the state acted, wouldn’t that be great? No reason not to pass the NDO.
Speaker reiterates that we have no complaints bc there’s no recourse for LGBT people

& if, indeed, there’s no discrimination in Shawnee, the NDO will just be a lovely statement of welcome
Speaker: She’s at a loss for words when she hears the things the antis are saying. It’s evidence they think they’re the animals who are more equal than others.
New speaker: (I think she’s assoc pastor at Church of the Resurrection.) This is a life or death matter. Had a youth suicide this week 😢
I had to leave & make sure 12yo actually goes to bed. I’ll be listening to the livestream for the vote.
I view statements like this as a threat.
I’m listening to the audio livestream. We’ve entered a particularly toxic phase of debate & it’s not something I’m gonna recount
We absolutely have to get a new state senator, Shawnee.
This speaker is important: the first openly trans person to speak tonight. (Especially after his state senator called him an illusion). Says w/o legal protections, they’re trying to build a foundation on shifting sand
Points out that statutory protections are necessary bc court decisions are uncertain, exec orders change w each administration
“My identity is not a choice.”
Paraphrase: To say there’s no definition of these terms is false. If you try to pass a fact, you have the burden to educate yourself.

So polite to people who’ve said demeaning things
City councilor Eric Jenkins opposes the ordinance but stresses he has empathy. He has gay children. He knows what they’ve gone thru.

My dude, that makes it worse.
Motions to pass the NDO. PASSES 5-2. 🙌
Little Shawnee Kansas protects LGBT people from employment, housing, public accommodations discrimination!

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More from @Miz_Rosenberg

Apr 9, 2020
So ... what happened today? Bc I spent my whole day grading/having individual zoom conferences/running to the kitchen to make soup
Probably nothing, right? ... oh.

shawneemissionpost.com/2020/04/09/gov…
QUO WARRANTO, FRIENDS
Read 15 tweets
Aug 14, 2019
Standing room only & a distressing number of people opposed to even studying an LGBT NDO for City of Shawnee
But also lots of folks in favor! The younger folks all +, nice enough to let me stand by them
Some opinions 🤔
Read 129 tweets
Jan 28, 2019
Omfg. Listen. Sexual harassment has been illegal for a long time, 1986 at the latest. The notion that these men are *just now* thinking about it from a risk perspective is incredible
Here, a brief history of early sexual harassment law: time.com/4286575/sexual…
Short version: 1964-Employment discrimination on the basis of sex became illegal. 1986-SCOTUS ruled that discrimination included quid pro quo harassment. 1991-Anita Hill raised profile of sexual harassment. 1993-SCOTUS ruled discrim includes creating a hostile work environment.
Read 12 tweets
Jan 6, 2019
Good morning, #AALS2019! It's the last session & the LWRR Section presents: Building bridges between legal ed, practice, & the judiciary.
On the panel: Hon. Jeffrey Foster from North Carolina; Paul Johnson, managing partner at Johnson Croyder in Savannah; Samantha Fassett, assoc at Johnson Croyder; Prof. Susan Thrower of Campbell Law; Prof. Christopher Ogalla of Campbell.
Q: Where have judge & practitioners noticed gaps in the legal ed of new lawyers?
Read 44 tweets

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