Civil protections for transgender and nonbinary individuals may be added to Ames’ city code.
The Ames City Council is considering adopting an ordinance providing civil rights protection for gender identity in employment, housing and public accommodations.
Gender identity was removed from the Iowa Civil Rights Act when Gov. Kim Reynolds signed Senate File 418 into law earlier this year.
Sen. Herman Quirmbach, D-Ames, previously requested the Council consider an ordinance protecting gender identity.
On Tuesday, the Ames City Council discussed modifying its Municipal Code to include such an ordinance. The back wall of the council chambers opened up to accommodate a filled room, with Ames residents overwhelmingly in support of a gender identity ordinance.
Local governments may add protected classes to local ordinances
There is nothing in the Iowa Civil Right Act “limiting a city or local government from enacting any ordinance orother law which prohibits broader or different categories of unfair or discriminatory practices,” according to Iowa Code.
Quirmbach said he knew “no section Iowa code that so clearly and explicitly reinforces” cities’ ability to exercise local control.
Senate File 418 added a new section in Iowa Code Chapter 4 that defines sex as female and male. Gender is defined as a synonym for sex and “shall not be considered a synonym or shorthand expression for gender identity, experienced gender, gender expression, or gender role.”
Ames City Attorney Mark Lambert does not believe that section prohibits the city from adopting an ordinance.
“I do not believe it is defining sex by saying that gender identity is a protected class,” Lambert said. “It’s not saying, ‘This is what a man is, this is what a woman is.’ I think that’s a separate issue.”
Ames residents advocate for gender identity protection
By taking action, the Council has an opportunity to say who Ames is as a community, Ames resident David Peterson said.
“To me, this is just a fundamental question of ‘Should Ames be welcome to all?'” Peterson said. “I think the idea of communicating to the trans and nonbinary members of our community that they are whole people, that they’re valued and that we see them is worth adopting, even if it’s just purely symbolic.”
Carolyn Klaus, co-president of the League of Women Voters of Ames and Story County, said the United States “cannot be a healthy democracy unless all members of the community can live freely and access their fundamental rights.”
Quirmbach said the Iowa Constitution lists certain inalienable rights, including acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.
“The right to be considered for a job, the right to rent an apartment, the right to service at a lunch counter – the rights to be covered by gender identity protection, all fall within that constitutional scope,” Quirmbach said. “The city must develop its own procedures if it wants to secure the rights of all its citizens, not just transgender, against discrimination.”
No attendees spoke against protection based on gender identity.
Majority of Ames City Council members vote in favor
The Ames City Council directed city staff to draft an ordinance in a 5-1 vote. Ward 2 Rep. Tim Gartin was the dissenting vote.
“I think the plain language of Chapter 4 couldn’t be any clearer where they have defined gender,” Gartin said. “I think what we’re doing is completely inconsistent with the authority granted under home rule.”
At-Large Rep. Amber Corrieri said she felt embarrassed when the state Legislature made a conscious decision to strip rights away from a group of people that is “especially vulnerable in the state.”
“I frankly think it’s the least we can do to move forward with this,” Corrieri said. “I do think this is who we are as a community.”
Ward 1 Rep. Bronwyn Beatty-Hansen said the city needs to “send a message to our trans family members, our trans neighbors, our trans friends and our nonbinary friends that they are welcome here in Ames.”
What are the next steps for a gender identity ordinance?
An ordinance will appear before the Council at its Jan. 13 meeting and must pass three readings to become city code.
Iowa City adopted a resolution in August reaffirming the civil rights and equal protection of LGBTQ+ people in the city, which Ames staff will use as a reference when drafting its ordinance.
If adopted, the Council must decide on how it will be enforced and what the civil penalties should be. Unless a higher penalty amount is specifically adopted, the default penalties for a municipal infraction in Ames are $30 for a first offense, $100 for a first repeat offense and $200 for subsequent repeat offenses.
Celia Brocker is a government, crime, political and education reporter for the Ames Tribune. She can be reached at CBrocker@gannett.com.
This article originally appeared on Ames Tribune: Gender identity may become protected class in Ames despite state law
Reporting by Celia Brocker, Ames Tribune / Ames Tribune
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