Eight-member commission divided on gay rights

Human rights group discussed a possible ordinance

By JOSEPH DITS
Tribune Staff Writer
12/12/04

In August, it was clear that all eight members of the South Bend Human Rights Commission wouldn't agree on the issue that was being raised in the community.

So they put it off -- until Saturday, when at last, they talked.

Would they as a group have anything to say about a proposed city ordinance that would protect gays, lesbians, bisexuals and transgender people, just as people are protected for their race, sex and religion?

The commissioners, after all, would have to decide such cases.

They are divided, and at the heart of their division is faith.

The commission's chairman, Raphael "Ray" Thomas Sr., is also pastor of Faith Temple Church of God in Christ, where his faith dictates that gay relationships are sinful. Fellow commissioner Ed Henry believes the same.

The two believe people shouldn't be mistreated because of their sexual orientation, but they don't believe this group should be a protected class.

Member Isabel Gonzalez said it's the commission's role to educate the South Bend Common Council on the issue but not to write its ordinances.

Their discussion came in the midst of a retreat for the commissioners at Fernwood Botanic Garden and Nature Center, where they spoke heart-to-heart about their views on sin and mistreatment.

The ordinance has yet to be written and introduced by Common Council member Charlotte Pfeifer, D-2nd.

In talking about it, Commissioner Gail McGuire, who is bisexual, realized, "I would love to see us support this ordinance, but I don't think that we'll reach a consensus."

And commission attorney Aladean DeRose advised the group that if they pass a resolution with a split vote, "The community reads that as dissension."

So they focused on scripting a resolution with the philosophical beliefs they share. They avoided the issue of whether the ordinance should or shouldn't exist.

They'll wait until their January meeting to refine the words and vote on it. One member was missing from Saturday's discussion: Bernice Freeman.

Still in a rough form, their statement says that the commission is concerned about the rights of gays and transgendered people. It encourages the Common Council to explore the mistreatment of that group of people and to work with the commission if it creates an ordinance.

"It's watered down and worthless," said member William Eagan.

"But," said member GlendaRae Hernandez, who also favored a stronger resolution, "it puts us on the record."

Commission Director Lonnie Douglas said, if any, he'd prefer a city ordinance apart from the current one. Federal and state laws provide remedies, or follow-up actions, for cases of discrimination based on race, gender and religion but offer no remedies for sexual orientation, he said.

"Logistically for me it's a problem," Douglas said.

The commission could avoid the whole issue by remaining silent. The Common Council could vote on the ordinance without the commission's opinion. But Thomas and other members feel their voices are critical.

"I don't think we are on the radar in the South Bend community," Thomas said. "We should be more of an educational outreach and make a stand, especially with controversial issues. The only way we're going to do that is if we step up to the microphone."