A non-discrimination ordinance for city employees passed the city council unanimously on Tuesday, protecting all city employees from unlawful harassment based on their sexual orientation or gender identity.
The ordinance, which was sponsored by council members Chris Anderson and Moses Freeman, was amended before passage to include a statement that reaffirmed other employees’ right to identify their own religious beliefs.
Council member Chip Henderson originally proposed the amendment, but it was changed during discussion to finally say, “This policy does not in any way prohibit an employee from identifying his/her religious belief.
City employees cannot be denied jobs, lose their employment or be demoted for identifying their religious beliefs as guaranteed under the United States Constitution and state law.”
That statement is now included at the end of the new non-discrimination ordinance which now protects every employee regardless of sexual orientation or gender identity, but some council members have expressed concerns about what such an ordinance might allow in the future.
Most notably, Mr. Henderson has repeatedly voiced concerns that a transgender individual may be able to enter a bathroom for a gender with which they identify, potentially invading the privacy of others or making them feel uncomfortable.
However, one of the ordinance’s sponsors, Mr. Anderson, said, “This is not about bathrooms or some kind of larger plan.”
He said instead that this was about extending respect, equality, and liberty to everyone.
The original wording of the amendment said, "This policy does not in any way prohibit an employee from expressing and exercising his/her religious belief. City employees cannot be denied jobs, lose their employment or be demoted for stating and/or exercising their religious beliefs as guaranteed under the United States Constitution and state law.”
“The City of Chattanooga hereby recognizes that the First Amendment of the United States Constitution prohibits the making of laws that restrict the free exercise of religion.”
The two references to "expressing and exercising" were replaced with the word "identifying,” and the second paragraph was stricken from the amendment.
Mr. Freeman took issue with the original phrasing of the amendment and what it may allow saying that some may take it to mean that an expression by some religions could directly invalidate what the ordinance was trying to do.
He said, “We were expressly trying to protect a group, and it seems to me that this amendment might allow another group to harass them, and that’s unfair.”
After the meeting, Mr. Anderson said that he wasn’t worried about such a situation and said that the courts have ruled time and again that discrimination is not a valid expression of one’s religious beliefs.
Mr. Anderson said, "Today the Chattanooga city council spoke loud and clear. We will not tolerate discrimination of any kind.
"The City’s Non-Discrimination ordinance, brought forward by my fellow council man and friend, Moses Freeman, and myself, passed tonight by a vote of 8-0. This historic decision will help us recruit and retain the most qualified and talented employees for city government. Chattanoogans deserve the best service for their tax dollars. That service can only be delivered if all of our employees are free from the fear of discrimination.Tonight’s action aims to treat all of our employees equally and respectfully.
"I’m proud to serve the city that I love and I'm honored to work daily alongside some tremendous public employees. Let’s keep moving forward together to make this the best city it can be."