LGBT ordinance in trouble?

Nebraska Attorney General Jon Bruning, at the request of State Senator Beau McCoy, issued an opinion that municipalities, like Omaha and Lincoln, may NOT expand protected classes beyond what is already contained in state law. This could mean trouble for the new Omaha LGBT ordinance as well as anything Lincoln hopes to pass.

The AG said:

Nebraska law, like federal law recognizes and protects certain classifications of people from discrimination. And, Nebraska’s anti-discrimination provisions may be enforced by both the State and certain local political subdivisions. However, while the pertinent Nebraska statutes authorize local legislation on the same subject matter which is not inconsistent with the state’s civil rights classifications, they do not authorize political subdivisions in Nebraska, including municipalities, to expand protected classification beyond the scope of the civil rights classification created in state statute. (Emphasis added.)

You can read the full opinion in this pdf.

050312+McCoy+Opinion

This could be a big deal for the Omaha ordinance, and those who try to eventually find it violates state statute.

And on the political end of things, this has the potential to keep the issue in the focus of the 2013 elections in Omaha.

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More coming. Wanted to get this up asap.

6 comments

  1. Lil Mac says:

    Sweeper, Brian called me out regarding Kerrey’s college racism. Brian blamed me for not forgiving Bob for being an unformed adult in college. I need to address that.

    Brian, Sammy Davis Jr? Really? Can’t you think of a few more dozen black examples to bolster your love of minorities? The mantra is “I’m white and liberal and I have lots of black friends.” — My own white liberal judge uncle ran the Democratic Party in his state and lived near no blacks but near an Indian reservation. During the Omaha riots, he and my liberal cousins loudly damned NE whites for intolerance of NE blacks but in the same breath said that was “different” from them knowing Indians are “lazy, shiftless, on welfare” etc. — Bad government springs from hypocrisy, right or left.

    Bob Kerrey is stunningly hypocritical. He killed his own chance at the presidency by his “lesbian” joke and by him demanding universal healthcare while Kerrey didn’t give healthcare to his own employees. Look what he did to his “friend” Hassebrook, Bob used Chuck like ass-wipe.

    Yet, Brian, you say the problem here is me. Me? You say I am so full of hatred for poor old Bob Kerrey who wasn’t yet “fully formed” in college. I need to forgive Bob, you say. — Kerrey was what, 19 or 20 years old when he told Frank Partsche that Kerrey believed Blacks who pay taxes to fund a public university should be excluded from parts of that university? You say Kerrey “was not yet a fully formed adult” in college.

    Who the hell do you think you are talking to? I had a TS clearance and was PRP for nuclear weapons when I was 18 years old. I wasn’t a jellylike fetus you argue that Bob Kerrey was in college. But Bob wasn’t either. Bob was a SEAL, so give him credit for strength, if not for aim, sense or ethics. Bob Kerrey was and he is still a snotty unfeeling hypocrite, which Democrats proved when they voted him 3rd in New Hampshire and 4th in Colorado, behind better Democrats. So don’t blame Kerrey’s racism on me because its inconvenient for you.

  2. CC Music Factory says:

    This is pretty much the analysis I was waiting for. And for those that don’t know, Dale is one of the strongest legal minds in the AGs office regarding municipal law, and has been in that position for many years. I do presentations on the Open Meetings Act on a regular basis, and took my lead from him on my analysis. His analysis is pretty solid, and tough to argue with, though I know some will try. I also find it slightly ironic that one of the Democratic senators from Omaha was the one that pushed legislation and asked for this opinion. Tells me that the fight to make this a statewide matter is pretty strong amongst the senators. I think that’s where this eventually ends up, either being decided by the Nebraska Supreme Court or by legislation that eliminates variation by municipalities from consideration.

  3. SoWhat??? says:

    Lincoln will go ahead and pass an ordinance similar to Omaha’s unconstitutional one. Both could end up defending each in an expensive court challenge. If both charter cities put the issue to a vote of the people to amend their charters, then they would be constitutional. However, look for one of the Omaha Democrat state senators to introduce a statewide measure in the next session to avoid what would likely be losing votes in both cities. I guess for now the GLBT/TFU folks will just have to keep working the system so they can file those anti-discrimination lawsuits…poor Tom White.

  4. Lil Mac, Sorry, I didn’t see your post above until today. Must be because it was the top story so briefly.
    Do I have to apologize to you for not having any but Scottish/Irish blood in me, for growing up in a lilly white community, for having no black friends to play with? I had no choice in the matter.
    I don’t profess to have any particular love for “minorities.” I’m just as grumpy with them as I am anyone else.
    Yeah, Bob Kerrey killed his presidential aspirations by doing what damned near every Nebraskan his age does, or has done, at some point in their lives. He told a joke that was insensitive about a group of people that expect us to treat them with special consideration so they don’t get emotional boo-boos. Hell, I have no special consideration for anyone. Does the fact that I think everyone should be treated equally, including their being the butt of our jokes, make me a jerk? Well, then I’m a jerk. Go make a joke about me.
    As for the Bob Kerrey quotes in the Daily Nebraskan, I don’t believe there is enough there to implicate him as deeply as you have us believe he should be. Yes, I am saying that your own obvious biases have influenced the way you perceived them. As I stated to RWP, I’d like to see more corroborating evidence before making a decision, because that one article left some serious doubt in my mind.
    Melbourne University professor, George Patton, authored a recent study that suggests we don’t become fully-formed adults until around 24 years old. His study, published in The Lancet, a leading medical journal, suggest that the human brain is not fully developed until the mid-twenties.
    Now, while the U.S. military is willing to place very young people in highly responsible positions, it is probably more to do with their willingness to follow orders without question than it has to do with their cognitive abilities and decision making skills. Older people are less inclined to do as they are told.
    As for your TS, I had one of those too, working as a civilian field engineer at the Comiso cruise missile base in the mid 80s. That goes to show how valid THAT argument is.
    Bob Kerrey didn’t run a very successful presidential campaign. That doesn’t “prove” anything at all about whether he’s a racist, a hypocrite, unethical snot – or not. But your biases are shining brightly enough for me to decide, for myself, where I believe you are coming from.

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