Bethlehem Passes Anti-Discrimination Ordinance
BETHLEHEM, Pa. — Four lengthy meetings, 119 speakers, 21 proposed amendments and a do-over: all led to the creation of Bethlehem's new Human Relations Commission.
Bethlehem City Council unanimously created the commission by ordinance Tuesday night that will look to protect against discrimination in the city through deterrence and resolution of conflicts.
The ordinance covers all forms of discrimination on race, gender, age and sexual orientation. The latter split the community over concerns that churches and religious-affiliated schools and organizations would be forced to hire gay, lesbian, bisexual and transgender workers.
"This is one of the most important pieces of legislation we've had and passed in council," said Council President Bob Donchez before the final vote. "I can't remember an issue that had such tremendous participation and an ordinance that is encompassing the way this stands tonight."
According to the amended ordinance, the commission will have the ability to subpoena witnesses for discrimination claims and hold public hearings with sworn testimony. The ordinance also exempts any religious organization or denomination, allowing them to act in accordance with their beliefs in practicing their faith.
Before voting for the entire ordinance, councilman Eric Evans attempted to remove the expanded subpoena and hearing powers due to what he called a consolidation of powers in one commission.
"This commission will wield a lot of power single-handedly," said Evans. "This commission would have the legislative, judicial and executive power unlike any other city commission."
Evans said later he would support the ordinance even after his amendment eventually failed 6-1. But, it initially passed.
Confused by the wording and all the votes cast during the proceedings, council members initially voted to remove the expanded powers by a 4-3 vote.
"There was confusion in the vote and some people ended up voting against their will," said Councilwoman Karen Dolan. Councilman Gordon Mowrer, who changed his vote, motioned to bring the amendment back up. The amendment was then defeated 6-1.
"Overall, I think this will make our city a better place," said Evans. "And though I have some concerns with pieces of the ordinance, as a whole I will support it."
Dolan introduced the final religious exemption amendment that would preclude any religious organization from discrimination accusations if their actions were in concert with their faith.
"This amendment protects the right of a religious school not to allow me to teach there if I don't belong to that faith," said Dolan. "It also corresponds to affiliations of the church. So, for instance, I may not be able to rent an apartment in a rectory if I didn't meet the standards of the reverend. Discrimination isn't a bad word here, it's about giving the right to discriminate or make decisions."
The vast majority of 90 minutes of public comment were in favor of the commission.
"There has been a steady, strong showing of support for this legislation," said diversity advocate Adrian Shanker.
Shanker added that more than 100 groups, 40 businesses and 13 labor unions supported the commission. "This is about protecting all of the people. I look forward to being an equal," he said.
Those against the ordinance said that the commission could cost the city money or that it was infringing on their first amendment rights.
The commission will be made up of 9-13 volunteers and will be given legal counsel free of charge from the city solicitor's office according to the ordinance. Anyone interested in applying for a seat on the commission should contact city hall.
