Nebraska State Capitol building in downtown Lincoln. (Photo by Chris Dyer)
A measure passed by the Lincoln, Nebraska City Council Feb. 14 updated Title 11 of the city’s municipal code. Known as the “Fairness Ordinance,” it included language clarifying and updating protections related to race, sexual orientation, gender identity, disability rights, family and martial status, as well as military and veteran status.
Critics contend that the measure will force businesses, churches and private schools to allow “trans-identified biological men to use women’s restrooms, locker rooms and showers if they identify as women.”
The executive director of the Nebraska Family Alliance, Karen Bowling characterized the council’s action as allowing broad definitions of sex, public accommodations and sexual harassment. According to Bowling citizens could be held liable for tens of thousands of dollars in fines simply for expressing their religious, Christian beliefs if it has the “effect” of creating an “offensive” environment.
“We want Lincoln to be a fair and welcoming place for all people. Unfortunately, there was nothing fair about the ordinance passed by the city council,” Bowling said.
The day after the council action, the Nebraska Family Alliance launched the “Let Us Vote” referendum initiative to gather signatures that would force the City Council to put the “Fairness Ordinance” on the ballot in November or rescind the law entirely.
The referendum initiative needed 4,137 signatures, equivalent to 4% of voters in Lincoln. But petitions were signed by more than 18,500 voters in just 15 days Bowling announced in a press conference last week.
“Today is about due process,” she said, “to give a voice to Lincoln residents who love their city and love their neighbors. These petitions were circulated in every area of the city and every demographic,” Bowling said, adding that they received signatories from over 72 churches.
“Slovic, Ukranian, Vietnamese and Spanish-speaking churches of both Protestant and Catholic denominations have participated. Our friends from the Islamic Center also signed petitions as well as Republicans, Democrats and Independents,” she said.
She added that the initiative is “nonpartisan” and included people of different perspectives.
“Both proponents and opponents to the ordinance signed petitions because they believe the gravity of the issue should go to the vote of the people or the city council should rescind their decision,” Bowling said.
“We’re proud to support this ordinance along with Lincoln’s business leaders, religious communities, young professionals and community organizations,” ACLU of Nebraska Legal and Policy Counsel Sara Rips said.
The ACLU of Nebraska is committed to educating and mobilizing voters if a challenge to Lincoln’s new nondiscrimination updates goes to voters, the organization said in a press release.
“It’s unfortunate that a vocal fraction of our community has chosen to use harmful and hateful misinformation to divide our city in an attempt to turn the clock back on basic human rights. Everyone deserves to be treated fairly on the job, when creating a home for themselves and their families, and in public life. We are ready to work to ensure Lincoln supports equality and to make sure no one in our community is left behind,” Rips added.
The Lincoln Journal-Star reported that at least four council members said they support putting the policy up for a vote. Such a vote would occur either in a special election or in November’s general election. However, Dave Shively, Lancaster County’s election commissioner, told the Journal-Star that Nebraska state law doesn’t permit the holding of a special election so close to the date of a regularly scheduled election.
