Well, here we are. Early voting on the Texarkana, Ark., nondiscrimination ordinance is under way, with the special election itself set for Tuesday.
No doubt many have made up their minds. They are committed to one side or the other and nothing is going to change that.
No problem. But perhaps there are some who are still on the fence, not quite sure whether the M-130 ordinance is a good thing or bad.
I'll take a stab, again, at explaining what the ordinance does and does not do.
First off, the ordinance is designed to protect citizens from discrimination, perhaps most crucially in the area of employment.
Arkansas is an "at will" state when it comes to employment. Basically, that means an employer can fire a worker for just about any reason as long as it does not violate federal civil rights law.
Federal law covers things like race, gender, age and religion, but does not cover sexual orientation or gender identity. And if you talk with gay and lesbian residents of our city, you will hear a lot of stories of how they were fired when their employer found out about their sexual orientation.
The Texarkana, Ark., antidiscrimination ordinance says the city will not discriminate in selecting vendors, employment or providing city services "because of race, color, creed, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation."
It also states that city contracts with private vendors will contain a clause stating the vendor agrees not to discriminate as well.
The city, and those who do business with the city, agree not to discriminate based on many factors, including sexual orientation and gender identity. That's a good thing. It doesn't matter what you think of homosexuality or sexual identity. Lesbian, gay, bisexual and transgender (LGBT) citizens should be allowed to earn a living, pay taxes and live their lives like anybody else. No one's telling you to accept or approve of anything except common sense and common decency.
There is also the economic angle. Many companies have nondiscrimination policies and they like to see progressive cities with the same stance. No one is saying the Arkansas side will suddenly become a business mecca or that it will bring any business to town. But it is a plus. Repealing the ordinance would be a big negative.
Now, here's what the M-130 ordinance does not do.
First off, the ordinance does not have any effect on most residents' lives or businesses. It only applies to the city and to those who are paid by the city for goods and services. It does not apply to any business that doesn't sell anything to the city. It doesn't apply to churches. It doesn't apply to individuals.
If you don't do business with the city, you are free to discriminate to your heart's content and the city has no claim on you. And if you get into a dispute with a customer, employee or the federal authorities over it, well, you can go to court and see who wins. But the ordinance has nothing to do with that and no effect on it one way or the other.
Nor does it change anything about restrooms. There is no law in Arkansas that prohibits men from entering restrooms designated for women, nor vice-versa. And it hasn't been a problem over these many years.
Let me say that again, it's not illegal and it hasn't been a problem. Nor has it been a problem since the ordinance was passed in January. Predators are not lurking behind every sink or stall. They are more likely to be found in the home, the church, the school or the neighborhood. It has always been illegal to commit any crime in public restrooms. It still is. The ordinance doesn't change that either.
The whole bathroom issue is a red herring, a way to promote unwarranted fear by those who don't want to see the LGBT community have the same rights and consideration as anyone else.
Notice I said the same rights. We aren't talking about special rights here. We are talking about treating LGBT residents the same as we would want to be treated.
That's why I support the ordinance. And why I will be voting against the call for repeal.