Cold Spring City Council members discuss the Fairness Ordinance. They voted 5 to 1 to pass the first reading.

by Robin Gee, city council beat editor

At the February 10 meeting of Cold Spring city council, members heard the first reading of an anti-discrimination fairness ordinance and voted five to one to continue the process toward a final vote at its next meeting. Council member Lisa Cavanaugh filed the one vote against the ordinance, citing concerns over some parts of the proposed ordinance language, also indicating she would continue to listen to feedback from community members before the second reading.

If passed on second reading, the city would become the 19th municipality to pass such an ordinance in the state to protect the rights of LGBTQ people.

Cavanaugh’s objection was based on her desire to have additional language added to the ordinance that would state “the city is prohibited from substantially burdening a person’s freedom of religion…”

Voelker pointed out that the ordinance as written already includes exemptions for religious entities and that the additional language requested by Cavanaugh would basically summarize what the U.S. Supreme Court as already written on the issue. The ordinance would be subject to the federal court decisions whether that language was included or not, he said.

“I just think it would make some people more comfortable to have this wording in the ordinance,” said Cavanaugh. 

Voelker said he did not see any harm with putting such a statement in or leaving it out, but that is was not necessary as it is already addressed by the Supreme Court.

Council member Michael Ruscher said, “To me this is just reiterating what is already there. Why say something three or four times when its already in there.”

Rather than the language suggested by Cavanaugh, Voelker offered to add a reference to the decisions by the U.S. Supreme Court. Last year, the court ruled in a well-known case involving a baker who refused to make a cake for a same-sex couple (Masterpiece Cakeshop vs Colorado Civil Rights Commission) that there is protection for those with deeply held religious beliefs.

Further discussion and a move toward second reading

Since this was only the first reading, council members said they would continue to look at the issue and voted to pass the first reading five to one. The city is expected to vote on the second reading of the Fairness Ordinance at its next meeting of council on February 24.