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The Des Moines City Council's Records on its May, 1998 consideration of Civil Rights protection for Sodomites. This document is the complete text of the formal record, with bold faced editorial explanations. The only text which has been altered has been the listing of figures in columns, which cannot be reproduced well in html. So I converted the information to paragraphs in narrative style.

This record begins with the vote by the Council, which defeated the measure by one vote; then come the report by the Human Rights Commission which had recommended it be passed (which would give them jobs and promotions); their report includes their letter to the council, and then their summary of community response they received, which included support for sodomy from three churches and three church organizations, and opposition from only one each. Next comes the proposed law itself, which consumes most of these pages. Finally there is one letter from the Catholic diocese, weakly stating its opposition, saying Catholics oppose discrimination against sodomites, but "the way this is worded" (no specifics given) "MIGHT" give the impression that sodomy is not sin, which would be the wrong message.

Agenda Item Number

Roll C~Il Number

May 18, 1998

Date

[ED: The following paragraph, which describes the measure, looks like a bunch of meaningless numbers. It is telling you in effect "This ordinance replaces city law 2-314 with the replacement section 2-314 enclosed, etc."

An Ordinance entitled, "AN ORDINANCE to amend the Municipal Code of

Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance No. 11,784, passed March 2, 1992, and amended by Ordinance No. 12,072, passed December 20, 1993, by repealing the fifth and last unnumbered paragraphs of Section 2-312, subsections (6), (8) and (16) of Section 2-314, Sections 2-315, 2-316, subsection (a) of Section 2-316.02, Section 2-316.03, subparagraph (1) and (2) of subsection (a) of Section 2-317, Section 2-318 and subparagraph (1) of Section 2-320, thereof and enacting the fifth and last unnumbered paragraphs of Section 2-312, subsections (6), (8) and (16) of Section 2-314, Sections 2 315, 2-316, subsection (a) of Section 2-316.02, Section 2316.03, subparagraph (1) and (2) of subsection (a) of Section 2-317, Section 2-318 and subparagraph (1) of Section 2-320, all relating to human rights",presented.

Moved by McPherson to deny.

[Notice that Councilman McPherson is "moving" to "deny" the measure. That means the following votes which say "yes" mean "yes, let's not pass this abomination."

FORM APPROVED:

(First of three required readings)

Emily Gould Chafa, Assistant City Attorney

COUNCIL ACTION

DANIELS no

COLEMAN yes

FLAGG yes

HENSLEY no

McPHERSON yes

PHILLIPS yes

VLASSIS no

TOTAL 4 yes, 3 no

MOTION CARRIED

Preston Daniels

Mayor CERTIFICATE I, DONNA V. BOETEL-BAKER, City Clerk of said

City hereby certify that at a meeting of the City Council of said City of Des Moines, held on the above date, among other proceedings the above was adopted.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above

City Clerk

Council Fact Sheet

Date~/

Agenda item 106

Roll Call #98-1606

Name/Title (as shown on agenda): (3 lines)

Amendment to Des Moines Human Rights Ordinance to add sexual orientation as a basis for protection from discrimination.

Description of Action: (6 lines)

This Amendment to the Human Rights Ordinance provides a definition of sexual orientation and adds this basis to the list of protected classes in the current Ordinance protected from discrimination in the areas of employment, housing and public accommodation.

Total $

Amount:

Funding Source:

Amount:

Funding Source:

Physical Location:

Map: YES NO

Previous Related Council Action(s):

Date: April 27, 1998 Roll Call #: 981325

Action: Place proposed Ordinance on Council agenda for May 18,

1998.

Date:

Roll Call #:

Action:

Date:

Roll Call #:

Action:

[ED: The following report is from the Des Moines Human Rights Commission, which recommended that the City Council add Sexual Orientation to the list of "protected classes" which the Human Rights Commission would get to enforce. Adding this category would greatly expand the Human Rights Commission bureaucracy, providing many more jobs and promotions for tenured workers.]

Board/Commission Action(s):

Date: May 7, 1998

Board/Commission: Des Moines Human Rights Commission

Action: Recommended Amendment to Ordinance in the form presented.

Date: February 12, 1998

Board/Commission: Des Moines Human Rights Commission

Action: Recommended Amendment to Ordinance in the form presented.

Anticipated Actions and Future Commitments:

Added Comments:

NEW PAGE:

HUMAN RIGHTS COMMISSION

602 EAST FIRST STREET

DES MOINES. IOWA 50309 - 1881

515) 283-4284

ALL.AMERICA CITY 1949, 1976. 1981

May 14,1998

Mayor Preston A. Daniels and

Members of the Des Moines City Council

City Hall

East First and Locust Streets - 2nd Floor

Des Moines, Iowa 50309

Re: Addition of" Sexual Orientation"1 as a protected basis under Chapter 2 Subchapter 7 Human Rights of the Municipal Code of the City of Des Moines, Iowa, 1991, as amended.

Dear Members of the Des Moines City Council:

On behalf of the Des Moines Human Rights Commission, this letter is written to provide background information regarding activities conducted on the issue of sexual orientation.

The Des Moines Human Rights Commission is aware of a rising concern within our society and Iowa regarding unfair or discriminatory treatment of persons based upon their "Sexual Orientation."

In accordance with Chapter 2, Subchapter 7, Section 2-314, Subsection (a)(9), the Commission shall have the following powers and duties to:

Devise and recommend to the mayor and city council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups and in their relations with one another."

The Commission submits the following recommendation for your consideration:

That "Sexual Orientation" be added to the City of Des Moines Human Rights Ordinance.

This addition will provide administrative legal redress for persons who believe that they have been discriminated against or treated unfairly on that basis.

1 Sexual Orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality. Sexual orientation does not include participation in acts which are prohibited bylaw.

Page 2/"Sexual Orientation"

The Commission actively sought public input on this issue. The following activities were conducted: (1) A public forum was held, Thursday, December 12, 1997. Approximately, sixty (60) people were in attendance. Thirty-three (33) speakers addressed the proposed amendment; (2) At the January 8,1998 monthly Commission Meeting, Commissioners continued discussion on sexual orientation. Three (3) members of the audience spoke before the Commission.; and (3) On February 12, 1998, prior to taking a vote on the issue, the Des Moines Human Rights Commission heard from eighteen (18) members of the audience. Approximately, thirty (30) people were in attendance.

On May 7,1998, Council Members Mike McPherson and Christine Hensley addressed the Human Rights Commission at their regular meeting. The Commissioners again voted to forward their original recommendation on to the Council for the May 18, 1998 City Council Meeting.

A statistical summary is attached. Transcripts of the meeting of December 12, 1997; January 8,1998; and February 12, 1998 are available upon request.

If you should have any questions and/or concerns, please do not hesitate to contact the Commission.

Sincerely,

Reginald Jacks on

Chair

Des Moines Human Rights Commission

Enc.cc: File

Des Moines Human Rights Commissioners

NEW PAGE:

Subject: Change to Chapter 2, Subchapter 7 Human Rights Addition of Sexual Orientation as a protected basis.

Type:

Ordinance

Submitted By:

Des Moines Human Rights Commission

SYNOPSIS-

The Des Moines Human Rights Commission, as mandated by City Ordinance*, has addressed the issue of adding sexual orientation to Chapter 2, Subchapter 7 of the Municipal Code of Des Moines, 1991, as amended. The Commission has conducted research; held a public forum; listened to citizens from Des Moines and surrounding suburbs and cities who have appeared before the Commission; and received letters and petitions from individuals and/or organizations on the issue. Both sides of the issue have been well represented.* See Chapter 2, Subchapter 7, Section 2-314, Subsection (a)(9).

FISCAL IMPACT-

N/A

RECOMMENDATION-

Sexual Orientation" be added as a protected basis under Chapter 2, Subchapter 7 Human Rights of the Municipal Code of Des Moines, 1991, as amended.

BACKGROUND

The Des Moines Human Rights Commission is aware of a rising concern within our society and Iowa regarding unfair or discriminatoiy treatment of persons based upon their "sexual orientation". In following its mandate to study unfair or discriminatory practices which impact on groups within Des Moines, Iowa and to make recommendations to the Mayor and City Council, the Commission embarked upon the following activities to ensure that all persons have an opportunity for legal redress to grieve unfair or discriminatory treatment: (1) Public Forum on December 12, 1997; Commission Meetings of January 8, 1998 and February 12, 1998. At the public forum and subsequent Commission Meetings, Commissioners heard from the general public, for and against the addition.

Input From Community RE inclusion of Sexual Orientation

{Expressed through correspondence sent to Commission Office)

For From From Against From From

[Ed: Here is the community response received by the Human Rights Commission! This is a count of the letters they received.]

Letters received in favor: 164. Received from Des Moines: 151. Received from elsewhere: 13.

Letters received against: 138. Received from Des Moines, 100. Received from elsewhere, 38.

Groups for:

Management Training and Consulting Services

Interfaith Alliance

National Association of Social Workers

Temple B'Nai Jeshurun

Episcopal Diocese of Iowa

St. Paul's Episcopal Church

United Methodist Church Iowa Area

Urbandale United Church of Christ

Iowa City Human Rights Commission

AFSCME

Groups against

East Side Evangelical Free Church

[Ed: After the Commission sent its report to the Council, the Catholic Diocese sent a letter of opposition to the Council, too. It's letter is at the end of this report.]

Of letters favoring the measure, 89 gave personal opinions for their reasons; only 11 gave religion as their reasons. (Total, 100.)

Of letters in opposition, 128 gave personal opinions for their reasons; only one gave religion as its reason. About 1/2 the letters in opposition were duplicate form letters sent to Commission members Lloyd & Jesse. (Total: 129.)

[Ed: The following record is of an April vote to put this measure on the City Council agenda the following month. Only Flagg voted against it. Obviously those who voted to put it on the agenda didn't mean, by their vote, that once it came up, they would vote to enact it. They obviously expected it to come up so they could defeat it.]

ORDINANCE NO.

AN ORDINANCE to amend the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance No. 11,784, passed March 2, 1992, and amended by Ordinance No. 12,072, passed December 20, 1993, by repealing the fifth and last unnumbered paragraphs of Section 2312, subsections (6), (8) and (16) of Section 2314, Sections 2315, 2316, subsection (a) of Section 2316.02, Section 2316.03, subparagraph (1) and (2) of subsection (a) of Section 2317, Section 2318 and subparagraph (1) of Section 2320, thereof and enacting the fifth and last unnumbered paragraphs of Section 2312, subsections (6), (8) and (16) of Section 2314, Sections 2315, 2316, subsection (a) of Section 2316.02, Section 2316.03, subparagraph (1) and (2) of subsection (a) of Section 2317, Section 2318 and subparagraph (1) of Section 2320, all relating to human rights.

Be It Ordained by the City Council of the City of Des Moines,

Iowa:

Section 1. That the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance No. 11,784, passed March 2, 1992, and amended by Ordinance No. 12,072, passed December 20, 1993 be and is hereby amended by repealing the fifth and last unnumbered paragraphs of Section 2312, subsections (6), (8) and (16) of Section 2314, Sections 2315, 2316, subsection (a) of Section 2316.02, Section 2316.03, subparagraph (1) and (2) of subsection (a) of Section 2 317, Section 2318 and subparagraph (1) of Section 2320, thereof and enacting the fifth and last unnumbered paragraphs of Section 2 312, subsections (6), (8) and (16) of Section 2314, Sections 2 315, 2316, subsection (a) of Section 2316.02, Section 2316.03, subparagraph (1) and (2) of subsection (a) of Section 2317, Section 2318 and subparagraph (1) of Section 2320, all relating to human rights, as follows:

NEW PAGE:

Roll Call Number 98-1325

Date April 27, 1998

Agenda Item Number 106

Moved by Flagg to receive and file-sand place

the Council agenda for May 18, 1998. An informational Council

Committee comprised of Coleman, Flagg and Hensley will meet with

the Human Rights Commission to get a report and proposed recommenc ordinance for Council consideration.

Communication from Council Member At-Large George E. Flagg, regarding proposed Des Moines Human Rights Ordinance (continued from April 20).

(Communication and Human Rights Minutes attached)

COUNCIL ACTION

DANIELS Yes

COLEMAN Yes

FLAGG no

HENSLEY Yes

McPHERSON Yes

PHILLIPS Yes

VLASSIS Yes

TOTAL 7

MOTION CARRIED APPROVED

Preston Daniels Mayor

CERTIFICATE

I, DONNA V. BOETEL-BAKER, City Clerk of said

City hereby certify that at a meeting of the City

Council of said City of Des Moines, held on the above

date, among other proceedings the above was adopted

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year- first above written

Donna V. Boetel-Baker, Clerk

Page 2

2-312. DEFINITIONS.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms, shall for the purpose of this subchapter, have the meanings in this section:

"Discriminate", "discrimination", or "discriminatory" means any significant and unreasonable difference in treatment because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status and shall include any and all of the illegal discriminatory practices hereinafter enumerated. This term shall also mean to separate, to segregate, or make a distinction against any persons, because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status but shall not apply to situations originating solely out of the length of a persons hair. This term shall also include any significant and unreasonable difference in treatment because of a persons association with another of a different age, race, religion, creed, color, sex, origin, ancestry, disability or familial status.

Footnote: "Sexual Orientation": means actual or perceived heterosexuality, homosexuality, or bisexuality. "Sexual Orientation" does not include participation in acts which are prohibited by law.

2-314. POWERS AND DUTIES.

(a) The commission shall have the following powers and duties to:

(6) Formulate and carry out a comprehensive educational program designed to prevent and eliminate discrimination because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status including the provision of training and educational services to businesses, professional groups, and educational agencies requesting workshops, seminars, or speakers to address specific issues and concerns within the purview of this subchapter, as well as maintaining as a part of the commissions formal educational program a series of public forums addressing upon a rotating basis the various matters within this subchapter about which there is the need to increase public awareness and response. The

Page 4

commission shall prepare and distribute a brochure explaining its mission, purpose, and procedures for dissemination within the city and shall publish and distribute a quarterly newsletter of its activities and concerns. The commissions educational and training efforts shall be undertaken in cooperation with any private, quasi-public, or public organization, agency, or association offering their support to such endeavor by providing staff to be trained to assist in the workshops and seminars sponsored by the commission, by providing clerical support services or professional expertise in the preparation and release of the brochure and newsletter, or providing financial support for the commissions educational and training program. (8) Investigate and study housing patterns and p group relationships within the city, and the extent of discrimination, prejudice and segregation in public accommodations, employment, apprenticeship programs, on-the-job training programs, housing, public, private, and vocational schools by

Page 5

reason of age, sex, SEXUAL ORIENTATION, race, religion, creed, color, national origin, ancestry, disability or familial status and the effect of such discrimination, and segregation in public accommodations, employment, apprenticeship programs, on-the-job training programs, housing patterns, public, private and vocational schools; and advise and cooperate with the mayor, the board and officials with relation to any such problems. The commission shall from time to time make recommendations to the mayor, the city council, the city manager, agencies, and officials, for the betterment of housing patterns and intergroup relationships within the community.

Assist in creating advisory agencies which will aid in effectuating the purposes of this subchapter, which may be authorized to study the problem of discrimination in all or specific fields or instances of discrimination because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry,

Page 6

disability or familial status and which may be authorized to foster, through community effort or otherwise, goodwill, cooperation and conciliation among the groups and elements of the population of this city and to make recommendations to the commission for the development of rules and procedures, and for the programs of formal and informal education, which the commission may recommend to the appropriate local agency. Advisory agencies shall be composed of representative citizens serving without pay. The commission may itself make the studies and perform the acts authorized by this subsection. The commission may, by voluntary conference with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination in all the stated fields and to foster goodwill and cooperation among all elements of the population of this city.

2-315. ILLEGAL DISCRIMINATORY EMPLOYMENT PRACTICES. (a) Enumerated. It shall be an illegal

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discriminatory employment practice:

(1) For an employer to fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment, or to limit, segregate, or classify his or her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual-s age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability. Sexual harassment is a prohibited discriminatory practice.

(2) For a labor organization or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, to limit, segregate, or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual, in any way which would adversely affect his or her status as an employee or as an applicant for

Page 8

employment or to otherwise discriminate against any applicant for membership, or any member in the privileges, rights or the benefits of such membership, because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability or; to discriminate against any employer or any person employed by an employer because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability.

(3) For an employer, employment agency, labor organization or the employees, agents or members thereof to directly or indirectly print or circulate or cause to be printed or circulated any advertisement, statement, or publication, or to use any form of application for employment or membership, or to make any inquiry in connection with prospective employment or membership which expresses directly or indirectly, any limitation, specification, or discrimination as to age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability.

(4) For any employer, employment agency, labor organization or employees, agents or members thereof to discriminate in hiring, classifying, procuring, recruiting, referring, or placing persons for employment because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability.

(5) For an employer, labor organization, employment agency, or employees, agents or members thereof to discharge, expel, harass, or otherwise discriminate against any person because such person has opposed any practice forbidden under this subchapter or has filed a complaint, testified or assisted in any proceeding under this subchapter.

(6) For any person to aid, abet, incite, compel or coerce the doing of any of the practices declared illegal or discriminatory by this subchapter.

(b) Exemptions. Nothing in this section shall be construed to apply to the following: (1) The employment of individuals to render personal service to the person or the employer or members of the employers family.

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(2) Any employer who regularly employs fewer than four individuals. For purposes of this subchapter, individuals who are members of the employers family shall not be counted as employees.

(3) The employment of individuals for work within the home of the employer if the employer or members of the employers family reside therein during such employment.

(4) Any bona fide religious institution with respect to any qualifications for employment based on religion SEXUAL ORIENTATION, when such qualifications are related to a bona fide religious purpose.

(c) The remedies contained in this subchapter shall be exclusive, and the provisions of section 1-11 of this code shall not apply.

2-316. ILLEGAL DISCRIMINATORY HOUSING PRACTICES.

(a) It shall be an illegal discriminatory practice for any person, owner, or person acting for an owner, of rights to dwelling with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, appraisers, agents or representatives by power of attorney or appointment, or 426

Page 11

any person acting under court order, deed of trust, or will:

(1)

(2)

(3) To refuse to sell, lease or rent after making of a bonafide offer, or to refuse to show, or to represent that a dwelling is unavailable, or to refuse to negotiate for the sale, lease or rental of, or refuse to sublease or assign, or otherwise make unavailable or deny a dwelling to any person because of race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status.

To directly or indirectly advertise or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any dwelling or any part, portion or interest therein, by persons of any particular race, color, sex, SEXUAL ORIENTATION , creed, religion or national origin, ancestry, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited.

To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any dwelling, any clause, condition or

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restriction discriminating against any person in the use or occupancy of the dwelling because of race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status.

(4) To discriminate in the furnishing of any facilities or services for any dwelling because of race, religion, creed, color, sex, SEXUAL ORIENTATION national origin, ancestry, disability or familial status.

(5) To make, utter, print, publish or circulate, or to cause to be made, printed, uttered, published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application with respect to the sale, purchase, lease, rental or financing of dwelling or to make any record or inquiry in connection with the prospective purchase, rental or lease of dwelling which either records the race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, disability or familial status of applicants or indicates directly or indirectly any preference limitation, specification or

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discrimination on the basis of race, religion, creed, color, sex, SEXUAL ORIENTATION1 national origin, ancestry, disability or familial status or an intention to make any such preference, limitation, specification or discrimination. (6) To discriminate against any other person because the latter has opposed any practice forbidden under this subchapter or has filed a complaint, testified, or assisted in a proceeding under this subchapter. (7) To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this subchapter. (8) To aid, incite, compel, coerce, or participate in the doing of any act declared to be a discriminatory housing practice under this section, or to attempt directly or indirectly to commit any act declared by this section to be a discriminatory practice, or to attempt in any fashion to

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coerce, intimidate, compel, threaten, interfere, or in any other fashion force any person not to cooperate or participate in any hearing or other proceeding conducted by the commission or its staff. (9) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, SEXUAL ORIENTATION, color, religion, ancestry, national origin, disability or familial status. (10) To steer or channel a prospective buyer into or away from an area because of race, sex, SEXUAL ORIENTATION, religion, national origin, ancestry, color, disability, or familial status, by action by a real estate broker or salesperson which is intended to influence the choice of a prospective dwelling buyer on the basis of racial, religious, national origin, sex, SEXUAL ORIENTATION, color, disability, ancestry or familial status. (11) To deny another person access to, or membership or participation in, a

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Multiple-listing service, real estate brokers organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, SEXUAL ORIENTATION, religion, national origin, disability, or familial status.

(b) It shall be an illegal discriminatory practice for any person, owner or person acting for an owner, of rights to dwelling with or without compensation, including but not limited to persons licensed as real estate brokers, salespersons or entities whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, SEXUAL ORIENTATION, ancestry, disability, familial status, or national origin.

To discriminate in rates, terms, conditions or provisions of any such financial assistance or in the extension of services in connection therewith because of race, religion, creed, color, sex, SEXUAL ORIENTATION

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national origin, ancestry, disability or familial status of the applicant for such loan or funds or of the would-be-purchaser or lessee or prospective occupant of dwelling, or of the racial makeup of the neighborhood in which the property is located.

(2) The term "residential real estate-related transaction" means any of the following:

(i) The making or purchasing of loans, accepting mortgages or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or secured by residential real estate;

(ii) the selling brokering, or appraising of residential real property.

Nothing in this subsection prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, creed, national origin, ancestry, sex, SEXUAL ORIENTATION, disability or familial status.

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2-316.02. EXEMPTIONS.

(a) Nothing in sections 2-316 and 2-316.01, shall be construed to apply to:

(1) The rental or leasing of a dwelling in a building which contains dwellings for not more than two families living independently of each other, if the owner resides in one of such dwellings.

(2) Any bona fide religious institution with respect to any qualifications it may impose based on religion or SEXUAL ORIENTATION, when such qualifications are related to a bona fide religious purpose-------unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color or national origin.

(3) The rental or leasing of less than four rooms within a single dwelling by the occupant or owner of such dwelling, if the occupant or owner resides in the dwelling.

(4) The rental or leasing of a dwelling within which residents of both sexes must share a common bathroom facility on the same floor of the building. This exemption does not apply to race, color, creed, religion,

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national origin, ancestry, SEXUAL ORIENTATION, disability or familial status basis.

(5) The rental or leasing of a dwelling in a building which contains dwellings for not more than four families living independently of each other, if the owner resides in one of the dwellings for which the owner qualifies for the homestead tax credit under Chapter 425.1 Code of Iowa.

2-316.03. THREAT OF FORCE OR INTIMIDATION--PENALTY.

(a) A person commits a public offense if the person, whether or not acting under color of law, by force or threat of force, intentionally intimidates or interferes with or attempts to interfere with a person under any of the following circumstances:

(1) Because of the persons race, color, creed, sex, SEXUAL ORIENTATION, religion, national origin, disability, or familial status, and because the person is or has been selling, purchasing, renting, occupying, or financing, contracting for, or negotiating for the sale, purchase, rental or occupation

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of any dwelling, or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings.

(2) Because the person is or has been doing any of the following:

(i) Participating, without discrimination because of race, color, creed, sex, SEXUAL ORIENTATION, religion, national origin, disability, or familial status, in an activity service, organization, or facility described in subparagraph (1) of this subsection. (ii) Affording another person the

opportunity or protection to so participate.

(iii) Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, sex, SEXUAL ORIENTATION, religion, national origin, disability, or familial status, in an activity, service, organization, or facility described in subparagraph (1) of this subsection.

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(b) A person violating this section is guilty of a simple misdemeanor.

2-317. ILLEGAL DISCRIMINATORY PUBLIC ACCOMMODATIONS PRACTICES.

(a) Enumerated. It shall be an illegal discriminatory public accommodations practice for any person, owner, lessor, lessee, sublessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation:

(1) To refuse or deny to any person because of race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability the accommodations, advantages, facilities, goods, services, or privileges thereof, or otherwise to discriminate, separate, segregate or make a distinction against any person because of race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability in the furnishing of such accommodations, advantages, facilities, goods, services or privileges.

(2) To directly or indirectly print or circulate or cause to be printed or circulated any

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advertisement, statement, publication or to use any form of application for entrance and membership which expresses directly or indirectly any limitation, specification or discrimination as to race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability, or to indicate or publicize that the patronage of persons of any particular race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability is unwelcome, objectionable, not acceptable, or not solicited.

2-318. ILLEGAL DISCRIMINATORY MUNICIPAL PRACTICES.

It shall be an illegal discriminatory municipal practice for any employee, official, agent or representative of the city of Des Moines to refuse or deny to any person, because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry or disability the services, advantages, facilities or privileges offered by the city of Des Moines, or otherwise to discriminate, separate, segregate, or make a distinction against any person, because of age, race, religion, creed, color, sex, SEXUAL ORIENTATION. national origin, ancestry

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or disability in the furnishing of such services, advantages, facilities or privileges.

2-320. NON-DISCRIMINATION IN URBAN RENEWAL PROJECTS.

Non-discrimination clauses shall be included in all leases and contracts which the city proposes to enter into with respect to the lease, sublease, transfer, use, occupancy, tenure, or enjoyment, of any land in an urban renewal project, in substantially the following form, to wit:

(1) In leases. The lessee herein covenants by and for the lessee and the lessees heirs, executors, administrators and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, religion, creed, color, sex, SEXUAL ORIENTATION, national origin, ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the lessee or any person claiming under or through the lessee

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establish or permit any such practices of discrimination or Segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law

FORM APPROVED: Statement of the

Catholic Diocese of Des Moines Concerning Des Moines Human Rights Ordinance May 18, 1998

Last year the Catholic bishops of the United States released a statement called "Always Our Children" for parents of people who are homosexual. The statement affirmed our belief that every person regardless of their sexual orientation is created in Gods image. It is in this spirit we comment on the proposed ordinance in Des Moines.

The Catholic community recognizes and affirms the human dignity and worth of homosexuals as people, and accordingly calls for the protection of their basic human rights. We condemn all bigotry, violence and economic discrimination directed against any person.

We are concerned that the proposed ordinance could imply an acceptance of homo-genital acts. Our churchs moral teaching does not sanction such behavior. The marital relationship between a man and woman is a sign of their love for each other and for God. This bond, intrinsic to marriage, calls for a generous openness on their part to the creation of life. We believe that sexual activity outside of marriage falls short of that ideal.

Thus we are concerned that the proposed ordinance could have effects beyond the good intentions of its proponents. It is our belief that the common good would not be better served by the proposed new ordinance.

Presented by Pat Finan Social Justice Coordinator (515)-237-5047

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