Group drops suit against Austin LGBT protections

A conservative Christian organization has dropped a federal lawsuit that sought to overturn an Austin anti-discrimination ordinance that offers employment protection based on sexual orientation and gender identity.

Dave Welch, head of the Houston-based U.S. Pastor Council, said the decision was based on the advice of the group's lawyer but might not be the last word on the matter.

"Our position has not changed. We're just going to revisit how we approach the suit, and we're hoping there's still a possibility at some point of refiling it," Welch said.

The council's lawsuit, filed in October, argued that Austin's ordinance is unconstitutional and invalid because it does not include a religious exemption for 25 member churches in Austin that refuse to hire gay or transgender people as employees or clergy.

Austin asked U.S. District Judge Robert Pitman of Austin to dismiss the lawsuit last month, arguing that the city ordinance does not apply to a church's hiring of clergy and that no church expressed a problem with the city's employment protections.

In addition, the city argued, the lawsuit failed to list the 25 member churches or show how any of them had been harmed by the anti-discrimination protections.

"There is no allegation the ordinance has been enforced, or is about to be enforced, against any of the unnamed Austin churches, and no allegation that any of them have in fact been restricted in their hiring decisions," the motion to dismiss stated.

City Austin spokesman Andy Tate welcomed the dismissal, saying city officials are proud of the protection the nondiscrimination ordinance provides.

“Austin has banned unlawful employment discrimination in this city for more than 40 years with an ordinance that echoes the protections that are guaranteed to qualifying workers under state and federal laws. Our ordinance reflects our values and culture, respecting the dignity and rights of every individual," Tate said.

Austin's ordinance allows two types of groups — faith-based schools and organizations — to limit hiring to members of a particular religion, but the pastors’ lawsuit had argued that these exemptions did not go far enough.

“Neither of these two exemptions accommodates churches that refuse to hire women, practicing homosexuals or transgendered people as clergy,” the lawsuit said. “There are no exceptions to the ban on sex discrimination, and there are no exceptions to the ban on discrimination based on sexual orientation or gender identity.”

In 2017, Welch and his organization took a leading role at the Legislature in promoting bills to ban transgender-friendly bathroom policies in public schools and government buildings. Those bills were blocked by moderate Republicans in the Texas House and have not been refiled this session, though at least one current bill would overturn city regulations that require transgender bathroom accommodations.

House Bill 1035 by Rep. Bill Zedler, R-Arlington, also would overturn city ordinances, like Austin's, that outlaw discrimination based on sexual orientation or gender identity. The bill would let religious groups fire or refuse to hire people whose conduct or beliefs conflict with the group’s faith, and the bill would let them decline to rent or sell property to somebody for the same reason.

No action has yet been taken on Zedler's bill.