The top leadership of the Greater Omaha Chamber of Commerce said Monday that it opposes an effort to enact legal protections for homosexual and transgender people, although the chamber’s young professionals group endorsed the ordinance.
Meanwhile, a Christian-oriented public policy group took aim at the proposed changes, saying the city does not have the authority to pass such a law.
The changes to the city’s anti-discrimination ordinance, drafted by City Councilman Ben Gray, are up for a council vote Tuesday.
The ordinance would apply to Omaha employers, although last week — at the request of the Archdiocese of Omaha — Gray amended his proposal to exclude religious groups.
Council members have been flooded with phone calls both for and against the measure. Demonstrations were expected outside City Hall before the 2 p.m. meeting.
On the eve of the meeting, David Brown, president and CEO of the chamber, sent a letter to the council outlining the executive committee’s concerns. Brown said the matter would be better dealt with at the state or federal level.
“Historically, the chamber has opposed passage of ambiguous, undefined or unclear regulations that are difficult for businesses to implement,” Brown said.
Federal and Nebraska discrimination law do not cover homosexual and transgender residents, though 135 cities and 21 states have adopted similar measures in recent years, according to a group that backs the ordinance. Iowa and Council Bluffs are among those that have such legal protections.
Brown said the chamber opposes workplace discrimination. “We also believe that diversity is not accomplished through regulation but rather through practice,” Brown said.
The chamber encouraged the City Council to work with community groups to come up with a voluntary approach to creating a more inclusive workplace.
The position of the chamber’s executive committee was in contrast with the Greater Omaha Young Professionals, an offshoot of the chamber. The young professionals group, which says it has nearly 4,000 members, endorsed the ordinance as a step toward attracting and retaining young professionals in Omaha.
“We think that, based on the last few years of interaction with young professionals, that this was a way to continue the young professional board’s work in inclusivity,” said Jay Palu, chairman of the group’s board. “We want young creative individuals, regardless of sexual orientation, to feel comfortable.”
The Christian organization, Family First, said the proposal is of statewide concern.
“If they do this in Omaha, it will be popping up in Lincoln and in other cities across the state,” Executive Director Dave Bydalek said Monday. “I really don’t think the Legislature has given cities the authority to do this.”
Family First has ties to such groups as Focus on the Family and the Alliance Defense Fund.
Assistant City Attorney Bernard in den Bosch, who drafted the proposed ordinance, said he and City Attorney Paul Kratz have reviewed Family First’s arguments and disagree with the organization’s conclusions.
“We feel comfortable we’re within our authority,” in den Bosch said. “We think there’s some recent case law that supports the City of Omaha’s ability” to enact the ordinance.
In a memorandum submitted to Kratz and to City Councilwoman Jean Stothert, Bydalek argued that the Legislature has given cities authority to enact and enforce civil rights ordinances only in categories already identified in state law: race, color, creed, religion, ancestry, sex, marital status, national origin, family status, disability or age.
Bydalek, who is a former assistant attorney general and was an adviser to Mike Johanns when he was governor, noted that, in 1964, the Nebraska Supreme Court specifically ruled that Omaha did not have the authority to pass its own civil rights legislation.
Bydalek argued that a subsequent law allowing cities to enact discrimination ordinances was passed with specific limits.
Bydalek said he also has shared his research with the Nebraska Attorney General’s Office.
“I do think, if this passes, it’s going to be subject to a lawsuit,” Bydalek said.
The measure did draw other backers Monday.
The president and vice president of the Omaha school board sent a letter to the council expressing support for Gray’s proposal.
Voice Omaha, a local organization promoting civic improvement, also endorsed the measure.
“We don’t see this as a proclamation on whether homosexuality or any alternative lifestyles are right or wrong,” said Craig Moody, a member of the group’s steering committee. “We see this as an equity issue.”
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444-3100, maggie.obrien@owh.com
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