Whitefish approves human rights law

Annika Gordon says she is gay and that doesn’t make her any less of a person.  “That doesn’t change my personality or my work ethic or my job performance,” she said. “There’s no reason people like me should be discriminated against in any way.”

Gordon was among a dozen people who stepped forward Monday asking Whitefish City Council to pass a new law protecting people from discrimination based on sexual orientation and gender identity.

Council responded with unanimous approval of the non-discrimination ordinance. In turn, the audience of about 40 people gave a standing ovation.  

Councilor Jen Frandsen said serving on Council means getting to sometimes be a part of doing good work.

“We do many good things, but this is great,” she said. “This is incredibly great.”

The non-discrimination ordinance is intended to “establish a civil rights policy prohibiting discrimination on the basis of actual or perceived sexual orientation or gender identity or expression.”

No one spoke against the ordinance, which goes into effect in 30 days.

Rabbi Francine Roston with Glacier Jewish Community-B’nai Shalom said her support for the ordinance is only increased by its statement that says the city will respect the dignity of all people and will protect the opportunity of all persons to exercise their civil rights free from discrimination.

“We will be a better, stronger, richer community if we celebrate diversity,” she said. “I hope that this goes off the page and spreads into our community.”

Dave Fern relayed a story from his time spent campaigning in his run for Legislature. While knocking on doors in Columbia Falls, he said, parents at the home invited him to talk. They were upset about the narrow-mindedness they had faced from others in regards to their child who is gay.

“There were tears,” Fern said. “I told them it will be parents like them who will have to do the heavy lifting [to make change happen]. I always go back to thinking about that family and if there’s ever something I can do for them. I’m here tonight to speak on behalf of that child. We are a community that is open to the world and the action you’re taking is most appropriate.”

After being a performer in the community for a dozen years, Mike Eldred said he moved here with his husband Tom Patterson full-time last year.

“We fell in love with this special place over a decade ago,” he said. “The landscape and scenery were obviously a large part of our immediate attraction, but we also immediately felt loved and accepted by the community. The people were most generous in how we were treated and accepted as a gay couple in a place where there weren’t many. This community is made up of incredibly loving and accepting people, who whether they agreed with us or not showed us respect and kindness.”

Hilary Shaw, who is the director of the Abbie Shelter, spoke as a member of the Montana Human Rights Network and the Love Live Here group. She said she’s excited that the city is working toward providing protection for all humans.

“This is social change in action right here,” she said. “This provides the move forward that one day we won’t even have to have these conversations and we won’t even need non-discrimination ordinances.”

Rev. Morie Adams-Griffin with Whitefish United Methodist Church said in the car on the way to City Hall he was explaining to his third-grade son the reason for the meeting. His son was surprised that it wasn’t already a law.

“I give you my full support as a Christian,” he said. “I commend you for pursuing this as far as you have.”

In December 2014, Council approved a community values resolution that declared the city’s intention to take a stance in support of diversity and inclusion. Council at the time said it would look into its options for a non-discrimination ordinance.

Councilor Frank Sweeney, who largely spear-headed efforts to bring the law forward, said he’s proud of the “rock solid” ordinance.

“I could not be prouder of this community for the people who have showed up and have stayed after me and us to close the obvious gap in our ordinances for civil rights,” he said. “This sends a message to the world that we do not tolerate or condone hate.”

Under the ordinance, people claiming discrimination may bring a civil claim to municipal court, but first must establish that the Montana Human Rights Bureau will not pursue the case. If the bureau does not, the person has 90 days to file in municipal court.   

The ordinance specifically says it is not intended to abridge other rights, including protections of freedom of speech, freedom of association, and exercise of religion.

Under existing state and federal civil rights law, it is illegal to discriminate against individuals based on race, national origin, religion, sex, physical and mental disability, age, and familial status. Attempts to extend those same protections to lesbian, gay, bisexual, and transgender individuals have been unsuccessful in the Montana Legislature.

A handful of Montana cities have passed non-discrimination laws based on sexual orientation and gender identity.

Missoula first adopted a non-discrimination law in 2010 and Helena adopted a similar law in 2012, and Butte followed suit in 2014.

Bozeman adopted a non-discrimination ordinance in June 2014.

The city of Dillon rejected a similar non-discrimination ordinance in 2014, saying the law overstepped city authority. Billings also rejected a non-discrimination ordinance in 2014.