City backs support for transgender residents

FAYETTEVILLE -- The Fayetteville City Council affirmed its commitment to diversity, inclusion and protection of transgender residents and visitors with a resolution it passed unanimously Tuesday.

The measure, sponsored by Mayor Lioneld Jordan, was intended as a response to a series of bills from the state Legislature dealing with transgender issues. It holds no legal authority over the state but makes a position statement.

The text of the resolution says the city affirms its "commitment to diversity and inclusion for all persons especially including our transgender neighbors and visitors." A second section affirms the city's commitment "to do everything in our power to honor and protect all persons regardless of their gender identity so that everyone will feel welcome and safe in Fayetteville."

City Attorney Kit Williams said passing the resolution gave the City Council a chance to restate the city's position against discrimination, as voters did in 2015 when passing the civil-rights ordinance.

"I know that some of the legislators have said they weren't doing anything that was discriminatory," he said. "But I think if you ask the transgender community, they might have a different opinion about that."

One adopted state law prohibits surgeries and hormone treatment for transgender minors. Gov. Asa Hutchinson vetoed the measure, but the Legislature voted to override his veto.

A separate law enables private legal cause of action against schools allowing transgender female student athletes to play on teams with cisgender female athletes. Cisgender refers to someone whose gender identity corresponds with their birth sex. An accompanying measure gives the state attorney general cause of action against schools that knowingly allow cisgender male or transgender female students to play on female sports teams.

Another law allows medical providers to opt out of procedures they disagree with based on religious or moral beliefs.

All three measures will become state law in about three months.

Four people from the public used Zoom to express support for the resolution. The meeting was held with a mix of in-person participants and some online.

Resident Bob Stafford said the state Legislature's actions made him wonder if he would need to move for his wife's safety. Stafford is married to Washington County Justice of the Peace Evelyn Rios Stafford, the first openly transgender elected official in the state, who also spoke in support of the resolution.

"I can tell you the 2021 Legislative session inspired a lot of heartache, anger and fear into our house," Bob Stafford said. "This isn't just at my doorstep. This is in my living room, this is at my dining table, this is in my bedroom."

A majority of council members asked to co-sponsor the resolution in addition to voting for it. Council Member Holly Hertzberg said she supported everything said in the resolution and voted in favor of it, but was not willing to rebuke the state laws on medical treatment. Minors cannot give consent to medical treatment in many cases, and treatment for gender dysphoria is oftentimes irreversible, she said.

"I am not at all questioning the rights to such treatment for individuals over the age of 18," Hertzberg said. "I'm simply stating there's a difference between a 13-year-old requesting gender transition procedures, and a 19-year-old making those decisions for themselves."

Council Member Sonia Gutierrez said the measures coming out of the state Legislature have been traumatizing for many. She said for her, the resolution not only rebukes the state laws but sends a positive message to transgender people.

"We want to remind you that for Fayetteville, things haven't changed for us," Gutierrez said.

Jordan said he watched a majority of legislators undo city protections for the health of residents and the environment during the last session. The city should make a statement that it stands on the right side of history, he said.

"You don't always have to stand tall, but you do need to stand up, and let your voice be heard," Jordan said.