- Mark Reed-Walkup, left, and Dante Walkup
Paper’s CEO says policy based on state’s ban on same-sex marriage
John Wright | Online Editor
wright@dallasvoice.com
A gay couple has filed a discrimination complaint against The Dallas Morning News for refusing to publish their same-sex wedding announcement.
Mark Reed-Walkup and Dante Walkup, who were legally married in Washington, D.C., in October, filed the complaint on Friday, Nov. 19. The couple’s wedding has made international news in recent weeks because it was held in Dallas but officiated from D.C via teleconference.
Reed- Walkup, a board member for the national LGBT direct action group GetEQUAL, said he’s been trying for several weeks to get The Morning News to publish their paid announcement in its “Weddings” section.
But the newspaper has refused because of a policy that says same-sex wedding announcements can only be published in a separate section called “Commitments.” The policy is based on the fact that same-sex marriage isn’t legally recognized by the state of Texas.
The couple filed the complaint under a 2002 city ordinance that prohibits discrimination based on sexual orientation in employment, housing and public accommodations. Reed-Walkup says he believes wedding announcements, which are paid advertisements, are a public accommodation.
“Our ultimate goal is for the newspaper to realize that this is discrimination and change their policy,” Reed-Walkup said. “They [the city] may agree with the newspaper that because of the ban on same-sex marriage in Texas, they have every justification to not publish it in the ‘Weddings’ section. At least we can say that we tried, and take it from there.”
James M. Moroney III, publisher and CEO of The Morning News, said he didn’t want to discuss specifics of the complaint because he had not seen a copy of it.
Moroney said The DMN’s policy was enacted several years ago as a way to allow same-sex couples to announce things like civil unions. As more states have legalized same-sex marriage, the newspaper has started to receive requests to publish the announcements as weddings.
“We’ve just so far said that we’re thinking about it,” Moroney said. “Certainly if the state of Texas recognized the marriage of same-sex couples, we would put it in the paper. … This is the community and state we represent and live in, and we’re dealing with that.”
Moroney added that it’s not “a closed subject” and stressed that he believes the Morning News does a good job of reporting on LGBT issues.
“What troubles me a little bit is that some folks jump to this next level and say the newspaper is homophobic,” he said. “That really is an unfair accusation if they would only take the time to read the paper every day.”
Beverly Davis, director of the city’s Fair Housing Office, confirmed this week that her office received the couple’s complaint and is reviewing it. The Fair Housing Office investigates complaints under the ordinance before turning them over to the City Attorney’s Office for possible prosecution. Each violation of the ordinance is punishable by a $500 fine.
“We’re having to consult with our attorney’s office on whether or not we have jurisdiction in this particular case,” Davis said. “Whenever we get a complaint, we go the extra mile to examine it. I imagine it will probably be next week sometime before I have a decision.”
In addition to the question of whether wedding announcements are a public accommodation, Davis noted that the ordinance doesn’t prohibit discrimination based on “marital status.”
The city once dismissed a complaint against a landlord who refused to allow a lesbian couple to live together in his apartment complex. The city determined that the landlord had not violated the ordinance because the policy was based on “marital status” and not sexual orientation.
But Ken Upton, a senior staff attorney at Lambda Legal in Dallas, said that because Texas doesn’t recognize same-sex marriage, sexual orientation and marital status are effectively the same.
“That’s really an old dodge to try to avoid the real issue,” Upton said.
Upton said he believes wedding announcements are public accommodations, because they’re paid commercial advertisements offered as a service. He also said it’s ironic that someone’s wedding announcement wouldn’t be published based on marital status.
Texas’ ban on same-sex marriage in no way prohibits the newspaper from publishing the announcement, Upton said. And he questioned whether the Morning News investigates announcements of heterosexual marriages performed outside the state to confirm that they’re legally recognized in Texas.
“Just because the state of Texas doesn’t recognize it doesn’t mean they’re not married,” Upton said.
Gay Couple’s Complaint Against DMN
The squeaky wheel gets the grease! Keep on squeaking guys! We’re behind you!
About ten years ago, my partner and I tried to get the Fort Worth Star-Telegram to publish our union announcement as just that: a union, and not even a marriage. They absolutely refused to discuss it. We took it to the Fort Worth Human Relations Commission. At the time, Fort Worth did include sexual orientation in its non-discrimination ordinance. The paper responded to the commission investigation by claiming that the announcements were “free,” (though the vast majority were in fact paid announcements) and thus subject to first amendment press freedoms. They won and we lost. But then, the Star-Telegram, Tarrant County, and the City of Fort Worth are all much more homophobic that their respective counterparts in Dallas. And, too, ten years have passed, and one would think that organizations like the Morning News would prefer to join the new century and leave their bigotry and defensiveness behind.
We’ll see. Best to the newly married couple.
As far as I can recall, the El Paso Times started publishing gay weddings in 1995, the year I moved there.
Mr. Moroney: Separate but equal is not ok. You know this. Please act accordingly.
Well, they’ll do anything for attention.
These LGBT Heroes got Exxon to end their discrimination by preventing people from buying gas. They got ENDA passed by heckling Obama. They gave Dan Choi food (secretly) when he tried to commit suicide by starvation.
What’s next? Look for them to have DMN bonfires on Cedar Springs. Send your donations to getequal.org if you want more drama in the streets. Let’s embarrass and irritate people until they give us our Rights. You have to fight for your Rights and to Party. Protest is magical.
It’s nice to see people with an “open relationship” getting married. This clears up any confusion about monogamy.
Just because the laws of the State of Texas don’t recognize gay marriages, doesn’t mean that the Dallas Morning News, if they want to become or portray themselves as a progressive newspaper has to follow what the state law says. The DMN should become a leader in the state of Texas as a progressive news entity and publish same sex marriages as weddings if they are done in other states.
It’s the State of Texas, the state government, that doesn’t recognize same sex marriages and not the state of Texas, the residents and businesses. I, my family, friends and co-workers recognize same sex marriages and all of us live in Texas. Even the conservative Texans I know recognize them. Few people look to the current DMN to shape their opinions like they once did. The company can regain some credibility if their own actions convey credibility.
What the heck ails these TX conservatives? Something in the water? Do they take hormone pills? What is it? Dallas-Ft Worth seem to take two steps forward (City Councilman Joe Burns (?) , DISD lays down the anti-bullying laws) and then we get this tripe from the dinosaur news industry…? Seriously, something has gone awry there. Best wishes!
Amen, ‘lets get married anyway’…. I am EXHAUSTED by gays who are demanding their ‘rights’ when they themselves do not respect the sanctity of marriage. The majority of long term gay couples that I have been in contact with are open. My partner and I are monogamous and to hear these people in their open relationships compare their relationship to ours really infuriates me. Honestly, I don’t care what you do with your relationship. If it makes you happy and works for you, then more power to you. However, I find it funny that gay the community wants marriage SO bad, but they are not willing to lead a monogamous married life. And please spare the ‘straight people cheat too’ argument. I understand. I do not know if this couple is open or not. And to each their own. However, I take great exception if they are in an open relationship and are making such a big issue about marriage. Marriage takes commitment and dedication to one another. If you aren’t monogamous, then you are just roommates with benefits.