In an 8-6 vote last night, Allegheny County Council approved an ordinance that prohibits businesses and organizations from discriminating based on sexual orientation or gender identity, but with one caveat -- the bill provides an exemption for all religious, charitable and fraternal organizations.
The vote followed three hours of public testimony and heated debate between council members.
The ordinance also established a seven-member "Human Relations Commission," which will investigate allegations of discrimination within the county.
Voting for the ordinance were council members John DeFazio, James Burn Jr., Joan Cleary, Rich Fitzgerald, Dr. Charles Martoni, William Robinson, Robert J. Macey and Amanda Green. Voting no were council members Matt Drozd, James Ellenbogen, Michael Finnerty, Vince Gastgeb, Chuck McCullough and Jan Rea. Councilman Nicholas Futules was not in attendance.
Last night's decision came almost one year after legislators introduced the bill on July 8, 2008. Since then, representatives from religious organizations and conservative advocacy groups have argued that the ordinance was heavy-handed and infringed upon their religious freedoms.
Proponents countered that all Allegheny County residents should have equal rights under the law.
"This is about inclusion, and about everybody in this county getting a fair shake," Councilman James Burn Jr. said.
The council meeting began with an hour of testimony from the audience. Twelve individuals spoke in favor of the ordinance; five people spoke against it.
Once the Council voted to approve the amended ordinance, about two-thirds of the 75 people in attendance stood and clapped and screamed in approval. Many wore fluorescent stickers that read "End Discrimination in Allegheny County today" and some carried signs that said, "Your rights. Our rights. Human rights."
Mr. Burn introduced an amendment to the bill last week exempting religious, fraternal, charitable and sectarian organizations from having to comply with the terms of the ordinance. Council approved the amendment in a 10-4 vote.
Ms. Green, an original sponsor of the bill, maintained that the exemption was a regrettable yet necessary compromise to get the ordinance passed. But several members of the council said the amendment was a form of "pandering," suggesting that it would ultimately make the legislation ineffective.
"The loophole is so broad here that I think you're going to have a hard time telling the wheat from the chaff," Mr. McCullough said.
Instead, he suggested that Council approve a different amendment, one that he introduced last night. He called for Council to put the ordinance up for referendum and give voters the opportunity to decide on the fate of the bill.
Mr. McCullough's amendment was supported by Mr. Gastgeb and Mr. Drozd, who maintained that residents of Allegheny County, not just the council members, had the right to decide whether they thought the ordinance would ultimately help the city.
"If you truly believe that you're representing your constituency, then don't be afraid to hear from them," Mr. Drozd said.
The amendment failed in a 5-9 vote.
