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City of Denton Removes Discriminatory Language from Cemetery Deed

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The City of Denton has officially removed discriminatory language from the Independent Order of Odd Fellows (IOOF) Cemetery Deed, reaffirming its commitment to promoting equality and respect for all community members.

The IOOF, a fraternal organization that originated in London in 1748, saw James A. Smoot, a member of Denton’s chapter, donate land for the cemetery in 1859. The cemetery was maintained by the IOOF until 1933, when the deed was transferred to the City of Denton. Currently, the cemetery is managed by Denton’s parks and recreation department.

On June 11, 2024, Judge Crystal Levonius of the 481st Denton District Court ruled that the clause in the IOOF Cemetery Deed prohibiting the burial of non-white individuals was discriminatory and ordered its removal. Subsequently, on June 17, 2024, the City of Denton and the IOOF signed and filed a Correction Deed, formally removing the discriminatory language and replacing the original deed.

The Denton City Council initially addressed the issue in 2016 by declaring the discriminatory clause unenforceable on any City property. This initiative gained further momentum in 2021 with the passage of SB 30 by the Texas Senate, which added Section 5.0261 to the Texas Property Code, providing a legal framework for removing discriminatory language from property deeds.

City Manager Sara Hensley emphasized the importance of this step, stating, “We are committed to keeping Denton a place where everyone feels welcome and respected. Removing this language is an important step in creating a community that reflects our values of equality and inclusivity.”

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