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Fighting for Fairness: the History of Kentucky's Local Movements to Enact Fairness Ordinances in 1999

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Fighting for Fairness: the History of Kentucky's Local Movements to Enact Fairness Ordinances in 1999 Western Kentucky University TopSCHOLAR® Honors College Capstone Experience/Thesis Honors College at WKU Projects Spring 5-2011 Fighting for Fairness: The iH story of Kentucky’s Local Movements to Enact Fairness Ordinances in 1999 Micah Bennett Western Kentucky University, [email protected] Follow this and additional works at: http://digitalcommons.wku.edu/stu_hon_theses Part of the Community-Based Research Commons, Gender and Sexuality Commons, Political Science Commons, and the Social Influence and Political Communication Commons Recommended Citation Bennett, Micah, "Fighting for Fairness: The iH story of Kentucky’s Local Movements to Enact Fairness Ordinances in 1999" (2011). Honors College Capstone Experience/Thesis Projects. Paper 376. http://digitalcommons.wku.edu/stu_hon_theses/376 This Thesis is brought to you for free and open access by TopSCHOLAR®. It has been accepted for inclusion in Honors College Capstone Experience/ Thesis Projects by an authorized administrator of TopSCHOLAR®. For more information, please contact [email protected]. FIGHTING FOR FAIRNESS: THE HISTORY OF KENTUCKY’S LOCAL MOVEMENTS TO ENACT FAIRNESS ORDINANCES IN 1999 A Capstone Experience/Thesis Project Presented in Partial Fulfillment of the Requirements for the Degree Bachelor of Arts with Honors College Graduate Distinction at Western Kentucky University By Micah B. Bennett * * * * * Western Kentucky University 2011 CE/T Committee: Approved by Professor Patricia Minter, Advisor Professor Andrew McMichael ______________________________ Advisor Professor Clay Motley Department of History Copyright by Micah B. Bennett 2011 ABSTRACT This CE/T project explores the histories of the local movements for fairness ordinances which transpired in Kentucky in the year 1999. Fairness ordinances expand local civil rights protections on the basis of ‘sexual orientation’ and sometimes ‘gender identity’ to include lesbian, gay, bisexual, and transgender (LGBT) peoples and usually protect in the areas of employment, housing, and public accommodations. Four communities in the state considered such laws in 1999: Greater Louisville, Lexington- Fayette, the City of Henderson, and the City of Bowling Green. This thesis takes a holistic approach towards the history of these movements, exploring the procession of chronological events, arguments for and against, and reactions to passage. In the conclusion, these four localities are briefly analyzed together for what each contributed to the 1999 events and as well as for what each teaches about the state of the overall LGBT rights movement in Kentucky. ii Dedicated to my parents, Michael Bennett and Margaret Bennett, for always encouraging me to go above and beyond and for teaching me to think freely. iii ACKNOWLEDGEMENTS First and foremost, I must offer my sincerest gratitude to my CE/T advisor, Dr. Patricia Minter. Not only did she suggest this project to me, but she has helped me every step of the way with unparalleled insight and guidance, constructive critiques, and emotional support when I thought that I might have taken on too much. It would not have been possible without her caring supervision. Most of all, though, I must thank Dr. Minter for being an exceptional mentor in all aspects of my college career. Her classes opened my eyes to the world around me and encouraged me to make a difference in that world. I only hope that I can impact another’s life in the same way that she has impacted mine. I would also like to thank all of those organizations that helped fund this project. The Honors College provided a generous subsidy through an Honors Development Grant to help with the travel required to conduct the research necessary to complete this project. Likewise, I must thank Potter College of Arts and Letters and the Student Government Association for helping to fund a trip to San Francisco where I presented a section of this thesis at the 2010 San Francisco State University Rights Conference. As the only undergraduate student presenting, it truly was the experience of a lifetime. iv Mrs. Ami Carter and the Honors College also deserve special thanks. She and the rest of the Honors staff have been more than helpful in this process and have worked closely with me to make this project everything that it is at publication time. I must also thank my brother, Jacob Bennett, for providing one more set of eyes and taking the time to proofread this piece. He caught several mistakes that I am sure I missed a number of times. Finally, I must thank my friends and family for all of their help and encouragement with this project, even when my stress levels made me unbearable at times. They all helped me more than they will ever realize. v VITA November 28, 1988…………………………………Born – Louisville, Kentucky 2007….......................................................................Meade County High School, Brandenburg, Kentucky PUBLICATIONS Griseowens, Erlene, Jeff Vessels, and Larry W. Owens. “Organizing for Change: One City’s Journey Toward Justice.” Journal of Gay and Lesbian Social Services 16, no. 3 & 4 (2003): 1 – 15. Sears, Brad. “Kentucky – Sexual Orientation and Gender Identity Law and Documentation of Discrimination.” The Williams Institute. September 23, 2009. http://www.escholarship.org/uc/item/26n4n7mw. FIELDS OF STUDY Major Fields: Social Studies and History vi TABLE OF CONTENTS Page Abstract................................................................................................................................ii Dedication...........................................................................................................................iii Acknowledgements.............................................................................................................iv Vita......................................................................................................................................vi Chapters: 1. Greater Louisville....................................................................................................1 2. Lexington-Fayette..................................................................................................30 3. City of Henderson..................................................................................................68 4. City of Bowling Green.........................................................................................138 5. Conclusion...........................................................................................................172 6. Bibliography........................................................................................................178 7. Notes....................................................................................................................181 vii CHAPTER 1 GREATER LOUISVILLE Equality remains just out of reach for many in the Commonwealth of Kentucky. No state law provides protection from one who seeks to abridge the civil or social liberties the Constitution idealistically guarantees. No laws at the state level prevent acts of oppression, often justified in the collective names of God, Christianity, the Bible, and morality, directed at relegating certain individuals to second-class citizenship. It does not matter that these individuals hold United States citizenship; nor does it matter that they reside in Kentucky, for civil rights law, whether state or federal, does not apply. They identify themselves as possessing a lesbian, gay, bisexual, or transgender (LGBT) sexual orientation and, as such, do not adhere to the socially or morally acceptable construction of gender norms prescribed by the majority heterosexual society. The dominant culture defines them and their lifestyle as deviant which, in turn, makes them a dangerous, moral threat to humanity. For this reason, the majority subjects them to prejudice and discrimination in their everyday lives. To many of these Kentuckians, equality is nothing more than an empty promise. Prior to 1999, the word “many” would not have sufficed as an accurate descriptor for those facing discrimination in Kentucky’s (LGBT) community. Instead, only the 1 word “all” could describe this group, for virtually everyone that identified themselves as falling under this umbrella had no rights outside of the political spectrum. In this year, though, a wave of civil rights, entirely novel in Kentucky, swept across the State affecting local governments and their constituents in a domino-like fashion as multiple localities passed measures popularly referred to as “fairness ordinances.” The first ordinance passed in January of 1999 and addressed discrimination in the City of Louisville, though in a more limited scope than in the areas that followed its lead in the same and subsequent years. After more than a decade of trying, in 1999, the movement for fairness in Kentucky succeeded for the first time ever in the state’s largest city, Louisville, and quickly moved to the surrounding Jefferson County.* Not only did the passage of the fairness ordinances in Greater Louisville guarantee a significant portion of the LGBT population government protection from discrimination and, if victimized, legal recourse in the areas of employment, housing, and public accommodations, but the movements to enact these ordinances also profoundly shaped the State’s political and movement culture. The mere proposal of instituting a local fairness ordinance drew impassioned response from both opponents and proponents, which these groups expressed through several mediums including,
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