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El Paso City Council Votes to Restore Domestic Partner Benefits

Last November, voters in El Paso, Texas voters approved a referendum that denied health benefits to unmarried partners of city employees. The referendum also had the (unintended) effect of stripping benefits from up to 10,000 retired civil servants—including policemen and firefighters—as well as elected officials.

The city council voted last night to restore those benefits, reports the El Paso Times.

The council split 4-4. Mayor John Cook, who proposed the ordinance restoring benefits, broke the tie in favor of it despite a ballot initiative in November ending them.

City Reps. Beto O'Rourke and Rachel Quintana, who will leave the council in two weeks, voted in favor of restoring the benefits. Quintana's replacement, Michiel Noe, on Tuesday said he would not have voted the way she did.

"Although I think everyone should have benefits, I would have respected the will of the voters," Noe said. "Now, if the courts had decided that was illegal, then I would have voted according to what the ruling said. But they said that the vote was legal, so again I would respect the will of the voters."

Noe was referring to a ruling last month by U.S. District Judge Frank Montalvo in which he upheld the voter-approved initiative. He wrote that the ordinance did not single out any group such as gay partners of city employees. Montalvo hinted that if the initiative had excluded just domestic partners, it might run against equal-protection assurances in the Constitution.

The controversy began in 2009 when city officials voted to extend benefits to same- and opposite-sex domestic partners. "Only 19 people signed up, adding about $30,000 to the city's $34 million health-care budget," reported the Wall Street Journal. "The group that drew up the proposal to overturn the program could not find a lawyer to advise it and so came up with the wording on its own."

The anti-gay evangelical pastor who spearheaded the referendum now says he will recall the council members who supported the change, reports FOX 14.

Reap, sow, etc..

EL PASO: 3rd Arrest After Savage Beating Outside Gay Club

The El Paso Police Department has arrested a third man after the savage beating of a 22-year-old man outside a popular gay club, reports KVIA. The victim remains in a "medically-induced coma" with a "fractured skull and brain swelling" after the brutal May 7 attack by a baseball bat-wielding group of six men outside the Old Plantation.

Ivan Gallardo, 17, has been charged with Aggravated Assault and booked into the El Paso County Jail on a bond of $50,000.00.

Roman Olvera, 19, has been charged with aggravated assault and booked into the El Paso County Jail on a bond of $50,000. Police had previously detained a 16-year-old boy in the assault of 22-year-old Lionel Martinez outside of the Old Plantation (OP) nightclub. The unnamed juvenile was referred to the Juvenile Probation Department for the offense of aggravated assault. Martinez remains in critical condition.

The family says Martinez—who is not gay—visited the club with his sister and her friends. Witnesses say a verbal confrontation with six men outside "escalated to punching and kicking and one of the six men used a bat to hit" Martinez.

Police claim the assault was gang-related and say there is "no evidence" to label the attack a hate crime. Martinez¹s family and LGBT activists disagree. Martinez was targeted because he was outside a gay nightclub, activists say. "[The police] have not worked well with the gay community almost to the point that they're a very bigoted organization," said Daniel Rollings, chair of the El Paso chapter of PFLAG.

More arrests are expected. The FBI is investigating the incident as a civil rights violation.

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EL PASO: 2nd Arrest After Savage Beating Outside Gay Club

A 22-year-old man remains in a "medically-induced coma" after the brutal May 7 attack by a baseball bat-wielding group of six men outside a popular El Paso gay club. Police have arrested a second person in connection with the savage beating, reports KVIA.

Roman Olvera, 19, has been charged with aggravated assault and booked into the El Paso County Jail on a bond of $50,000. Police had previously detained a 16-year-old boy in the assault of 22-year-old Lionel Martinez outside of the Old Plantation (OP) nightclub. The unnamed juvenile was referred to the Juvenile Probation Department for the offense of aggravated assault. Martinez remains in critical condition.

The El Paso Police Department continues to maintain there is "no evidence" to label the attack a hate crime.

Police have classified the assault as being gang related and "was not not committed based on bias of race, color, disability, religion, national origin or ancestry, age, gender or sexual preference," according to police officials. Police investigators and Special Agents from the FBI continue their investigation and anticipate more arrests, police officials said. The FBI is investigating the incident as a civil rights violation.

Martinez¹s family and LGBT activists say the attack was a "hate crime" and Martinez was targeted because he was outside a gay nightclub. "[The police] have not worked well with the gay community almost to the point that they're a very bigoted organization," said Daniel Rollings, chair of the El Paso chapter of PFLAG.

The family says Martinez—who is not gay—visited the club with his sister and her friends. Witnesses say a verbal confrontation with six men outside "escalated to punching and kicking and one of the six men used a bat to hit" Martinez.

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EL PASO: Teen Arrested After Savage Beating Outside Gay Club

A young man remains in critical condition after last weekend's brutal attack by a baseball bat-wielding group of six men outside popular gay club in El Paso. Police have arrested a 16-year-old boy for the beating and claim the assault was gang-related and "not" a hate crime, reports the El Paso Times.

The assault, police said, was gang-related and did not meet the criteria of a "hate crime," which upset the victim's family and gay-rights activists who said Lionel Martinez was targeted only because he was near the Old Plantation nightclub frequented by gays and lesbians.

Police arrested the teen gang member Thursday afternoon on suspicion of aggravated assault. More arrests are expected. The teen's name was not released because he is a juvenile. Martinez, 22, remained hospitalized in critical condition Thursday and has yet to regain consciousness after early Saturday attack, said his sister Deanne Martinez.

The family says Martinez—who is not gay—visited the club with his sister and her friends. Later, witnesses say a verbal confrontation with six men outside "escalated to punching and kicking and one of the six men used a bat to hit" Martinez.

LGBT rights advocates are outraged and say the suspect's gang affiliation should not matter, reports KVIA.

What should matter, according to them, is that Martinez was targeted because he was coming out of a gay club. "They have not worked well with the gay community almost to the point that they're a very bigoted organization," said Daniel Rollings, chair of the El Paso chapter of Parents, Friends, and Families of Lesbians and Gays.

Rollings said hate crimes against gays are unreported because El Paso police officers are not properly trained. "I don't believe the El Paso Police Department has ever done their sensitivity training that they swore they were going to do," he said. ... Rollings said El Paso police have been unresponsive to the safety needs of the gay community and says not classifying the crime as hate crime is ridiculous. "This would be a perfect example of why they need to do that," Rollings said.

The FBI is investigating the case as a possible "civil rights violation." FBI officials have told Martinez's family that two arrests had been made, but that has not been confirmed.

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An update on the savage gang assault that happened over the weekend in El Paso. A 22-year old Latino man remains in "critical condition" after the attack by a baseball bat-wielding group of six men outside the Old Plantation, a popular gay club. There have been no arrests and no reported suspects.

The El Paso Police Department says there is "no evidence" to label the attack a hate crime. The family says that is  "ridiculous", reports KTSM.

We spoke with the victim's sister, Deanne Martinez, this morning at UMC where her brother is still listed in critical condition. Martinez was there Saturday and witnessed the attack.

"He was on the floor laying there knocked out and they still kept bashing his head with a bat. That to me is so cowardly. " Martinez says she and another family member tried to stop the attack but the men turned on them, she said "I was trying to pull out my brother and she was pushing off the guys. They ended up bashing her Jeep Liberty."

[Martinez] says her brother isn't gay but he was alone outside of a gay club and the men who attacked him made it clear why they picked him. Martinez said, "they were yelling gay slurs and yelling their gang name or where they're from."

Police said victim was waiting for a ride outside The OP before he was attacked. Witnesses say a verbal confrontation with the six men "escalated to punching and kicking and one of the six men used a bat to hit the victim."

The brutal attack is reminiscent of two similar incidents that happened last year in Austin. In February 2010, two gay men were bashed after leaving a gay bar and in front of several witnesses. In December 2010, two gay men were viciously assaulted by a carload of thugs also as they left a gay bar. There were up to 30 witnesses and "none stopped to help", reported the Austin Statesman.

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A 22-year old man is in critical condition after a savage attack by a baseball bat-wielding group of six men outside a gay nightclub in El Paso, report the El Paso Times and KVIA.

Police said the victim, only described as a 22-year-old Hispanic man, was involved in a verbal confrontation with six other men. The fight escalated to punching and kicking and police said one of the six men even used a bat to hit the victim. A friend of the victim tried to intervene, but was stopped by one of the six men when he struck her Jeep with a bat and damaged the windshield, according to police. The victim was transported to University Medical Center in critical condition.

Police said victim was waiting for a ride outside The Old Plantation nightclub before he was attacked. The club is known locally as "The OP" and  describes itself as the "oldest and biggest gay night club In El Paso."

The brutal weekend attack in E Paso is reminiscent of two similar incidents that happened last year in Austin. In February 2010, two gay men were bashed after leaving a gay bar and in front of several witnesses. In December 2010, two gay men were viciously assaulted by a carload of thugs also as they left a gay bar. There were up to 30 witnesses and "none stopped to help", reported the Austin Statesman.

El Paso: Anti-Gay Referendum Strips Benefits from Retired Cops

Ruh-oh. The people of El Paso, Texas learn the hard way that anti-gay bigotry is extremely harzardous to your health ... benefits.

A group of conservative Christians set out to block El Paso, Texas, from granting health-care benefits to same-sex partners of city-government employees. But the ballot measure they helped pass in November may also end up stripping benefits from others, including retired policemen and firefighters.The measure was aimed at gay workers and their partners. The wording of the proposal, however, was vague, asking El Paso residents to endorse "traditional family values" by limiting benefits to "city employees and their legal spouse and dependent children."

So when 55% of the voters approved the measure on Election Day, they eliminated coverage for some 200 people who don't fit that description—among them elected officials, who aren't technically city employees, and many former city workers, the city says.

Now, officials are weighing what to do. Last month, the city council decided not to use its authority to repeal what is now a city law. On Tuesday, it agreed to allow the city attorney to come up with ways to amend the ordinance, which goes into effect Jan. 1. But some members warned that they would vote against any proposal that restores benefits for retirees and not for domestic partners.

The story becomes operatic. "At least 10,000" retirees could lose their benefits, reports the Wall Street Journal.

The pastor, Tom Brown, is threatening to fight officials if they attempt to reinstate the benefits for gay partners. He has proposed another ballot initiative which would strip the city council of its power to amend or rescind voter-approved measures. 1I'm feeling a call from God to get more involved in our government,' Mr. Brown said in an interview.

Meanwhile, past and current employees are clamoring to reinstate the health benefits, and union leaders are preparing a lawsuit against the city. Counting all those city workers who would lose benefits when they retire, the number of affected people could grow to at least 10,000 over several years, said Ron Martin, president of the local police union. "We don't want to get into a holy war with the church," he said. "I just wish they would have left us alone."

The controversy began last year when city officials voted to extend benefits to same- and opposite-sex domestic partners. Only 19 people signed up, adding about $30,000 to the city's $34 million health-care budget. Adds WSJ: "The group that drew up the proposal to overturn the program could not find a lawyer to advise it and so came up with the wording on its own, [Pastor Brown] said."

Reap, sow, etc..

TX Rep. Norma Chávez "Apologizes" for Gay Baiting Opponent

An update to the story of Texas State Rep. Norma Chávez who repeatedly gay-baited her opponent in next week's special election. Chávez offers a faux apology—and works in more gay-baiting—after El Paso's leading elected Democrats condemned her tactics in her campaign against fellow Democrat Naomi Gonzalez.

The El Paso Times:

Chávez, who is trying to retain the seat that she has held for nearly 14 years, had publicly called Gonzalez a lesbian and said she should acknowledge it to voters. But on Monday, after newspaper coverage about her comments, Chávez sounded a more conciliatory tone. She said she regretted making sexuality a campaign issue but continued to blame the negativity in the campaign on Gonzalez. "I regret that in response to one of my opponent's repeated, negative, personal attacks, I made reference to her sexual orientation," Chávez, 49, said in a statement. "My opponent's sexual orientation has no bearing on this campaign. This campaign should be about who is going to be the most effective legislator for El Paso in the Texas House. "Gonzalez, 31, an assistant county attorney, said Chávez's latest statement was "one more mean attempt" to avoid focusing on her record.her comments,

Chávez has brought up Gonzalez's alleged sexual orientation several times in the media and at two public forums. Gonzalez has not responded.

On Monday, eight officeholders from El Paso issued a statement that criticized Chávez for her divisive tone. "Unfortunately, Chávez's desperate and unseemly tactics do nothing to move the community forward and only serve to embarrass her, and by extension, the district she currently represents," the statement said. "In El Paso, there is no room for appeals to bigotry."

Chávez has taken quite a hit for her comments and several staffers reportedly resigned from her campaign and district offices. Meanwhile: Chávez has been missing in action all week and reporters cannot find her ...

Texas State Rep. Norma Chávez Repeatedly Gay Baits Opponent

In Texas: A state representative repeatedly gay-baits her opponent, claiming her challenger is a "lesbian who needs to come out." And they're both Democrats.

Norma Chávez represents parts of El Paso County, which straddles the Mexican border. Chávez repeatedly refers to challenger Naomi Gonzalez as "gay" or "lesbian."  Chávez claims Gonzalez’s sexuality is a valid issue and might affect policy decisions such as marriage equality ... which both candidates oppose. "I have not attacked her for being a lesbian gay woman," Chávez said, "drawing groans and some applause from the audience," reports the El Paso Times.

Gonzalez has not responded to the baiting. Says Gonzalez: "This is about Norma Chávez and this is another desperate attempt on her part to distract from her own record."

Gay-baiting isn't a new tactic here, reports the El Paso Times. "Former Police Chief Carlos Leon used a similar tactic against former Police Chief Richard Wiles in the 2008 race for El Paso County sheriff. Leon's campaign began floating questions about "family values" against Wiles, who won the race."