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| Jon Bruning (R) Attorney General |
Omaha City Attorney Paul Kratz said that Bruning's opinion does not invalidate the recently approved changes to Omaha's anti-discrimination laws. This past spring the Omaha City Council narrowly approved a controversial non-discrimination ordinance that would prohibit workplace discrimination based on sexual orientation and gender identity. The final vote was 4-3.
Kratz and Lincoln City Attorney Ron Confer said state law and the cities' home rule charters grant the authority for the cities to create new categories for protection against discrimination. Omaha and Lincoln are the only two cities in Nebraska that have home rule charters, essentially constitutions approved by their voters giving them independent authority to enact policies dealing with local issues.
Kratz and Lincoln City Attorney Ron Confer said state law and the cities' home rule charters grant the authority for the cities to create new categories for protection against discrimination. Omaha and Lincoln are the only two cities in Nebraska that have home rule charters, essentially constitutions approved by their voters giving them independent authority to enact policies dealing with local issues.
The attorney general's opinion comes as the Lincoln City Council is set to hold a public hearing Monday on an ordinance to include LGBT residents as protected classes in the state's capital city. The “Fairness Ordinance” added sexual orientation and gender identity to the city’s non-discrimination law and passed with a 5-0 vote May 14 with the two Republican council members abstaining. The Nebraska Family Council and Family First gathered petitions, collecting enough signatures by the deadline, forcing the council to put the measure up for a referendum vote by city residents.
Lincoln Mayor Chris Beutler said Friday;
“We strongly disagree” with the attorney general's opinion. I can think of no reason to stop moving forward with this ordinance, and I can think of many reasons we need to get this ordinance on the books.”
Sarah Warbelow, state legislative director for the Human Rights Campaign criticized the opinion saying:
“Nebraska Attorney General Jon Bruning's opinion is motivated by politics rather than sound law."
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1 comments:
Let me see if I understand the AG position; if there is no specific permission by the state, then cities cannot pass a law, even if it protects citizens.
I hope he feels the same way when it comes to the rights of states to pass legislation...in other words, if there is no specific permission by the federals, the state may not pass legislation either. I doubt that he believes that. I'll bet it is more like; nobody can pass a law unless I permit it, and I can pass any law regardless of who objects. Fascism?
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