Amendments to offer clarity on ordinance protecting reproductive health decisions

Bowling Green City Council chambers was crowded for anti-discrimination ordinance amendment in October.

Bowling Green City Council member Nick Rubando will be introducing additional amendments to the recently introduced Ordinance 9031, adopting section 39.01 of the codified ordinances of the City of Bowling Green, concerning unlawful discrimination – at Monday’s meeting at 7 p.m.

Originally introduced on Oct. 3, Ordinance 9031 adds a definition of the word “sex” in the city’s non-discrimination ordinance that expressly protects people’s reproductive healthcare decisions, gives protections to breastfeeding mothers, as well as pregnant individuals or those seeking to become pregnant.  

In response to a recent letter issued to Bowling Green City Council by Ohio Right to Life, and challenges made by an attorney who spoke at the council’s lobby visitations, Rubando believes these amendments are essential to clarify the true purpose of this ordinance. 

“The City of Bowling Green has always been a welcoming community. The aim of this ordinance has never been to punish people or organizations, but instead, to help protect women and people who could become pregnant,” Rubando said. “There has been a lot of misinformation circulated against this ordinance, we feel it is important to set the record straight.” 

While the definition of “sex” would remain unchanged from Ordinance 9031, the language of the two additional amendments would read as such: 

  • Nothing in this chapter shall be construed so as to mandate that any particular goods or services be provided. It is the purpose of this chapter that goods or services voluntarily provided be done so in a nondiscriminatory way. 
  • This chapter shall not apply to any corporation, organization, or association so as to restrict its ability to organize its staff by employing only persons who support the mission of the entity. 

Former Bowling Green City Attorney Mike Marsh offered his legal opinion of the newly amended language in a letter to members of City Council. 

“If the amendments are adopted, I believe our ordinance would not violate the freedom of association including negative association, that has been upheld by the U.S. Supreme Court numerous times, and we would not be guilty of purporting to regulate the content of either speech or written communication,” Marsh stated.

Ordinance 9031 will receive its third reading, and the amended language will be voted on Monday, Nov. 7, at the City Council meeting at 7 p.m., to be held at Wood County Job and Family Services.