Henderson history: Fairness fight began in May 1999; ended in September
A majority of the Henderson City-County Human Rights Commission expressed support 25 years ago for passage of what became widely known as the fairness ordinance – even by those who opposed it.
The ordinance protected gay, lesbian, bisexual and transgendered individuals from discrimination in housing, employment, and public accommodations. The Henderson City Commission passed the ordinance on final reading at the end of September 1999, but it was repealed 18 months later when another member joined the city commission and shifted the balance against it. (The current ordinance, by the way, was passed June 25, 2019.)
I had been hesitant to dredge up that ugly episode in Henderson’s history, hoping to avoid the topic until late September, which will be the 25th anniversary of its passage the first time. It’s a huge topic, though, that ran on for months (years or decades, by some counts) and I can’t hope to do it justice in one column. So, I’m focusing here on the month of May 1999, when the public first became aware of the battle lines.
Back in 1999 I was the city government reporter for The Gleaner and normally covering the fairness controversy would have been my responsibility. I was also, however, a member of Zion United Church of Christ; the Rev. Ben Guess was my minister. He and Katherine Hope Goodman were co-chairs of the Henderson Fairness Campaign.
Throughout my decades in journalism, I have prided myself on the ability to set aside my feelings and to do my best to see things from the other person’s point of view – even if I vehemently disagreed. I have no doubt I could have done that covering the fairness controversy.
Editor Ron Jenkins’ decision to take me off the story was motivated not from concern about my fairness as a reporter, but more from how it would appear for a member of the so-called “gay church” to provide The Gleaner’s coverage.
I’ll allow you to judge for yourself whether I’m playing fair in revisiting this issue.
Members of the Henderson Fairness Campaign met with Mayor Joan Hoffman in April, but the issue didn’t come to the forefront until May 4, 1999, when the top story in The Gleaner reported Commissioner Robby Mills (now state senator) had sent letters to about 60 local pastors asking them to start a letter-writing campaign to members of the Henderson City Commission. He warned them the proposed ordinance could “limit your ability to state your opinion about this immoral lifestyle.”
Mills maintained sexual orientation was a choice and should not have protected status; as a business owner he should have the right to fire employees based on their sexual orientation. He would talk to the individual first, he said, and let them know of his moral objections “and if they wanted to continue working with me that they would need to be as quiet as possible.”
The fairness campaign confirmed its plans in a press conference that was covered May 5 in The Gleaner. No proposed ordinance had yet been written at that point, but a pamphlet outlining the campaign’s goals was being distributed in the community.
The Gleaner received a deluge of letters to the editor – both pro and con – almost immediately. I’ll get to those at the end of this column.
Meanwhile, on May 9 Jenkins’ column tackled the fairness issue, which his dictionary described as “elimination of one’s own feelings, prejudices and desires so as to achieve a proper balance of conflicting interests.”
He laid out a couple of scenarios of the types of challenges gays faced in the workplace, which the proposed ordinance would eliminate. He said he was withholding judgment until the ordinance was written, “but I believe that nearly everyone, whether straight or gay, Christian or non-Christian, believes in the principle of fairness.”
The Gleaner of May 12 reported a press conference in which Mills announced he was lobbying other elected officials to support his stand. “A fairness ordinance is not the topic,” he said. “I think the topic is special rights for homosexuals and lesbians in our community.”
Guess, when asked for a response, strongly disagreed. “There is nothing special about keeping your job, maintaining your home, or having a picnic in a public park. These are not special rights. These are equal protections.”
The human rights commission – by a slim majority – expressed its support for the proposed ordinance, according to The Gleaner of May 20. The ordinance would have to be passed by the city commission, but the human rights commission would be responsible for enforcement.
Following “an emotionally charged meeting,” Phil Shannon, April Sallier, Mary Gregory, Robert Pruitt and Richard Morse expressed support. “We stand up for human rights and that includes everybody,” said Pruitt, who is currently the senior city commissioner. “When I stop standing up for that, I’ll get off this board.”
Commissioner Rayburn Shoulders voiced his opposition, saying it would not be fair to employers. “God made man, and God made man for woman,” he said. “He didn’t make man for man.”
Chairman Gary Luebbert and Commissioner George Kyle declined comment, while Kay Bryant said she was undecided.
The board of the Green Valley Baptist Association – composed of 30 churches in the Tri-County area – unanimously adopted a resolution opposing any fairness ordinance, according to The Gleaner of May 23.
“We feel like they’re trying to use the law to coerce Bible-believing Christians to go against their principles and give up their rights,” said the Rev. Steve Thompson, the association’s executive director.
The Gleaner was overwhelmed with letters to the editor soon after the first story broke, prompting Jenkins to lay down new rules before the month was out. The following is no more than a sampling of both sides.
The May 7 Gleaner carried the first batch of letters. Mary Beth Foster wrote that a fairness ordinance was needed “because of narrow-minded zealots like Robby Mills” who had a “deep-seated bigotry.” Kenny Wright cited the first chapter of Romans and the sixth chapter of 1st Corinthians. “To me, if you believe the Bible you have to believe all of it and not just what suits your fancy.”
Mills also received support in the May 15 issue. “Our religious beliefs are not just expressed in a house of worship, but it affects the way we raise our children, live our lives, spend our money and conduct our business,” wrote the Rev. Kevin Stone. “We not only have the right to have our beliefs, but we have the right to exercise our beliefs. I have great concerns that this ordinance would erode our religious liberties.”
Angela Wright wished Henderson had “more men and women who have the courage to speak out and take a stand for what’s right.”
Lou Mahon disagreed with Mills on the issue, but “I believe Robby Mills has represented all of our citizens very well in many other works in our community, and I am appreciative of that.”
Jenkins’ column of May 21 set some new rules for letters about fairness, such as keep it brief, don’t repeat others, and “Avoid harsh comment. Some letters have gone beyond the limits of good taste.”
Guess took that advice to heart in the May 29 issue. His one-sentence letter read, “When I witness evil assaults on the need for civil rights in general, and the inflammatory rhetoric and downright lies told about homosexuals in particular, I consider it a high honor to place my life in solidarity with those who are misunderstood, marginalized and mistreated.”
In the May 30 Gleaner Jenkins declared a moratorium on fairness letters to allow things to cool down. “We’ve had some mean-spirited, downright hateful letters from people professing to be God-fearing, God-loving Christians.”
100 YEARS AGO
The father of A.B. “Happy" Chandler said he had gotten a letter from his son, telling him that he had scored 90 on the bar examination and that he would be joining a law firm in Versailles, according to The Gleaner of May 22, 1924.
Chandler, a native of Corydon, served as a state senator and lieutenant governor before being twice elected governor and also served as U.S. senator before resigning to become baseball commissioner, in which capacity he approved desegregation of professional baseball.
75 YEARS AGO
The local Veterans Administration office was being closed as of May 31, according to The Gleaner of May 21, 1949.Local veterans were advised to transact business between May 23 and May 28 because after May 31 they would have to conduct business by mail with the regional office in Louisville.
50 YEARS AGO
Only six crosses were erected in Central Park to observe Memorial Day 1974, according to the May 23 Gleaner.
They were to include a large cross and smaller ones representing local military dead from the Spanish-American War, World Wars I and II, the Korean War and the Vietnam War.
“We’re financially unable to put all the crosses up this year,” said American Legion spokesman Rex Jewell. “A storm destroyed several of them last year and we don’t have the money to buy new ones or refinish the old ones.”
Readers of The Gleaner can reach Frank Boyett at YesNews42@yahoo.com.
This article originally appeared on Evansville Courier & Press: Henderson history: Fairness fight began in May 1999; ended in September
