03-26-12 Council Agenda & Packet

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It follows then that adding sexual orientation and gender identity is doing nothing more than imposing an additional burden on landlords and employers that is "logically consistent with the statutory purpose"of the Indiana Civil Rights Act. Summary South Bend has the authority to remedy discrimination by amending the Human Rights Ordinance to include sexual orientation'and gender identity,pursuant to Indiana Code 361-3,Indiana Code 22-9-1, the City's police powers, and supporting case law. 2. Standard of Review: What is the standard of review for the proposed legislation? Strict scrutiny. Does the proposed amendment stand up to strict scrutiny? Yes. Can the government show a compelling interest in sustaining the statute?Yes. In general,the constitutionality of a statute will be upheld if the law bears a reasonable relationship to the attainment of some legitimate governmental objective. That is the Rational Basis Test. If the statute involves the creation of a suspect classification such as race, religion, national origin, sexual orientation, or gender identity, however, then the law is subject to Strict Scrutiny, and may only be upheld if the government shows a compelling interest in sustaining the statute. The City can show not just one,but numerous compelling government interests for amending the Human Rights Ordinance to include sexual orientation and gender identity, including: It is in the government's interest to provide its residents the opportunity to earn a living, to live in the neighborhood of their choice, and to participate in the political process. Discrimination affects the ability of persons to engage in"an almost Iimitless number of transactions and endeavors that constitute ordinary civic life in a free society." Romer v. Evans, 517 U.S. 620, 631, 116 S. Ct. 1620, 1627, 134 L. Ed. 2d 855, 865 (1996). • For a city to adequately protect all of its citizens, it must combat hate violence by allowing victims to speak out and report discrimination and crime without fear of adverse employment or housing actions. - As a matter of public policy and of public safety, the city has an interest in both the physical and mental health and well-being of all of its residents. (Indiana Constitution, Section 1.) • City government should be responsive to current developments in the law and eliminate unintended inconsistencies therein. It should be consistent with and build upon Executive Orders of the State's governors (O'Bannon 2001, Kernan 2004, Daniels 2005). The citizens of South Bend support education and families. All children are valuable and worthy of protection in this city. "Teachers and students should promote tolerance 12