Lily Wu has the right to remain silent on transgender rights, even if she is mayor | Opinion
I do not disagree with what Wichita Mayor Lily Wu didn’t say, but I will defend to the death her right not to say it.
My social network feeds have been blowing up since Tuesday night’s City Council meeting, when the mayor passed the duty to read a proclamation honoring March 31 as “Transgender Day of Visibility” to council member Maggie Ballard, who supports it
Comments mostly oscillate between those accusing the mayor of being a bigot for delegating that duty to council member Maggie Ballard, who supported the proclamation — and those who support Wu’s decision to defer, but mainly for the wrong reason, i.e., their own prejudice against transgender people, whom they consider “mentally ill,” at best and “demonic” at worst.
It is sad. It is also a microcosm of what our country has become.
In Washington, our current administration under President Donald J. Trump is working long hours to purge transgender individuals from the government, along with scrubbing public websites of positive references to the LGBTQ community, racial minorities and women of accomplishment.
Trump has signed executive orders committing all Americans to the false premise that the successes of minorities and women are due to special treatment they purportedly received through programs of diversity, equity and inclusion, which he sneeringly refers to as “DEI.”
He has singled out transgender people for special attention, with a separate executive order declaring that there are only two sexes, established at birth and unchangeable. He’s banned transgender people from serving in the military and even outlawed the term “gender” in government forms and documents.
Standing up for persecuted minorities against misguided populist demagoguery like that takes courage, especially among those who hold public office and identify as Republicans.
That courage was on display when council member Becky Tuttle stood with her Democratic colleagues — council members Ballard, Brandon Johnson and Mike Hoheisel — for a photograph with Abi Boatman, a transgender woman and Air Force veteran who accepted the proclamation on behalf of Wichita’s transgender community.
Tuttle said she doesn’t see it as partisan.
“This group of people who live in our community, who contribute to our economy, who contribute to the vibrancy, the cultural aspect, the uniqueness of what everybody loves about Wichita, asking them to come and share their story in the (City Hall) building they own? That’s just the right thing to do.
“So when people are saying to me, they’re mad that I didn’t vote with one party, or they’re happy I voted with another party, I just kept keep saying consistently, this is not political. This was a decision of whether or not to approve a proclamation from Wichitans, who are part of our community and deserve to have their voice heard.”
Absent from the photo were Mayor Wu and council members Dalton Glasscock and J.V. Johnston, who remained in their seats at the bench.
That is their choice, and that is their right.
My perspective on this is the same as it was last week, when Ballard stood away from Sen. Roger Marshall during a grip-and-grin photo op in Washington — showing her disapproval with the MAGA senator’s policies and his unwillingness to engage with constituents in a meaningful way.
The freedom of speech guarantee in the First Amendment enshrines our right to speak out publicly if we so choose, without fear of government reprisal. The Trump Administration has flagrantly violated that right multiple times, but that’s a column for another day.
The important point today is that the First Amendment also protects us from compelled speech. With rare exceptions, no agency of government in America has the right to force anyone to say things against their will or conscience.
That puts me on the opposite side from former Mayor Brandon Whipple, who cites a city code stating that the mayor must sign all ordinances and proclamations passed by a majority of the City Council.
“For the Mayor to not sign a lawful Proclamation that received a majority vote of the City Council, for any reason, is a direct violation of city law,” Whipple wrote on Facebook. “To not sign it (and arguably not present it) because the Proclamation supports a class of people protected in Wichita’s Non-discrimination ordinance is also a direct violation of city law.”
I would submit that when a mayor is signing ordinances or contracts, it’s a ministerial legal duty to certify the actions that a majority of the council has decided to take. Requiring that as a condition of office is appropriate.
Proclamations are different. They are statements of support for a particular organization, cause, or point of view. They have a place in local government, but have no force of law.
I’ve known Whipple for a long time and I seriously doubt he would have signed a proclamation for KKK Appreciation Day or Be Nice to a Nazi Week, even if four members of the council did approve it.
Wu issued a statement on the social platform X: “Your gender identity and religious choice are none of my business. If a proclamation came in wishing the exact opposite of this one, I wouldn’t vote for or read it either. I’m not here to virtue signal and I don’t stand for hate, of any kind.”
I don’t believe Lily Wu is a bigot (although many supporting her decision are).
If she wants to step aside and not take a stand on the issue of transgender rights, it may be disappointing, but it’s her right as a citizen of the United States of America. She didn’t surrender that right by being elected to serve as mayor of Wichita.
The requirement that Wu — or any future mayor — must sign all proclamations runs counter to the First Amendment, and it should be removed from our city code forthwith.
This story was originally published March 20, 2025 at 5:17 AM.
