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David Garcia, the executive director of the Kalamazoo Gay Lesbian Resource Center (Oct. 20, 2009)

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Mary Balkema, of Kalamazoo Citizens Voting NO to Special Rights Discrimination (Oct. 20, 2009)

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A flyer circulated by the group Kalamazoo Citizens Voting NO to Special Rights Discrimination. It depicts cross-dressing and transgendered individuals (Oct. 20, 2009).

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K'zoo voters to have say on gay rights

Ordinance 1856 on Tuesday's ballot

Updated: Thursday, 29 Oct 2009, 6:39 PM EDT
Published : Wednesday, 28 Oct 2009, 1:44 PM EDT

KALAMAZOO, Mich. (WOOD) - Sex, religion, politics are often topics avoided in public. But now, Kalamazoo voters are front-and-center in an anti-discrimination debate.

For the better part of a year, the Kalamazoo City Commission has debated whether or not to adopt an ordinance making it illegal to discriminate against Gay, Lesbian, and Transgender individuals when it comes to hiring, housing and public accommodation.

As the election approaches next Tuesday, emotions on both sides are running high.

Mary Balkema, the Kalamazoo County Treasurer, heads the opposition group Kalamazoo Citizens Voting No.

Balkema was instrumental in gathering thousands of signatures two different times to get the measure rescinded by the city commission and placed on the ballot.

Their main argument is that an ordinance protecting the rights of gays and lesbians in hiring, housing and public accommodation isn't necessary. They say discrimination against gays and lesbians simply doesn't happen in Kalamazoo.

"The opposite side cannot site one example of discrimination in housing, employment or public accommodation," Balkema said. "So this discriminatory ordinance is looking for a non-existent problem."

But David Garcia, the Executive Director of the Kalamazoo Gay and Lesbian Resource Center, says the ordinance is not only necessary, it's past due.

"When we hear the opposition say that Kalamazoo doesn't need an ordinance because it just doesn't happen here in Kalamazoo, gay people aren't being fired, I'm quick to say come on down here to the Resource Center and volunteer with us for a month, answer the phone calls and you'll see that's' simply not true," Garcia told 24 Hour News 8.

The Resource Center said it's logged 20 complaints this year alone, and six for LGBT workplace discrimination. But, Garcia said, "until there's an ordinance there's really no official record keeping body at the city level."

He argues the rights of gay, lesbians and transgenders are left out in current state and federal anti- discrimination laws.

"It is legal to fire a gay person," he said. "It is not legal to fire a black man or woman. It is legal to fire a transgender person. It is not legal to fire a woman based on the fact that she is a woman. So all we're asking for is the same rights that those protected classes have."

One Kalamazoo, a group supporting the resource center's position, has raised nearly $350,000 for the Vote Yes campaign. The opposition group has raised $34,000.

But it's a flyer circulated by the opposition that's grabbing all the headlines. It depicts cross-dressing or transgender men and addresses the issue of public accommodation.

Opponents say if the ordinance passes, transgender men will be able to use the women's bathroom. Ordinance supporters say it's nothing more than a dirty tactic.

Garcia said, "This is a fear tactic that is also not true. There is already state law in place regarding public bathrooms. This ordinance doesn't supersede state law. It's just doesn't."

Balkema, who's been known to use images from various gay and lesbian web sites to depict what she believes is an immoral lifestyle, said the flyers address a legitimate concern.

"I think it's absolutely fair," she said. "It's gotten a lot of people's attention. A lot of people have told me they're no based on our flyer."

Balkema has also rallied support from leaders of a key voting demographic - African American ministers.

Pastor Timothy Ezell of Mt. Calvary Christian Bible Church in Kalamazoo explains why he's encouraging his congregation to vote no.

"Being a pastor I have to stand upon the scriptures. And the scriptures definitely teach and proclaim that homosexuality is a sin before almighty God. It's not that we hate anyone, but it's definitely a sin."

LGBT supporters encourage voters to read the actual ordinance. In it there's a religious exception section where churches and other religious organizations would not be forced to hire gays and lesbians - if doing so would go against their beliefs.

In the end both sides are standing firm.

"We think God's design for marriage is between one man and one woman," Balkema said. "And the ultimate goal here is to redefine marriage, we know that. This is just a continuum in the process until the final goal happens."

"Discrimination hurts the community," Garcia said. "It takes a mental and emotional toll on the individual. And frankly it projects an image that I don't think Kalamazoo wants projected."

If Ordinance 1856 passes, all investigations will be handled by the Kalamazoo City Manager's Office. Violators will face fines of 500 dollars a day until the situation is resolved.

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