Mincer pointed out that the West Virginia House of Delegates Judiciary Committee attempted to pass an amendment to the act adding sexual orientation when Webster was chairwoman.
"The Legislature decided not to do that," Mincer said.
On the other hand, Brown argued that federal law protects discrimination based on gender stereotypes. Gender stereotypes are the perceptions of how men and women should act.
The stereotype that applies in this case is that people believe a woman should only be in a relationship with a man or no one at all, Brown said.
And since employees and board members fired Hudson because she was with another women and did not fit into their beliefs of how a woman should act, it is a violation of both federal and state law, he said.
"But for the fact that she is a female, she'd be working there now," Brown said.
Brown also pointed to Charleston's ordinance prohibiting discrimination based on sexual orientation.
Mincer argued that the case was being heard in a circuit court and that city code does not trump state or federal law.
He added that Charleston's ordinance could not be forced on other cities in the state.
The Bob Burdette Center, which is headquartered on Washington Street West, runs after-school programs at four different locations throughout the city.
Charleston City Council eliminated all funding for the center in the 2012-2013 budget. Council also voted to withhold $13,500 allocated in 2011.
"This case isn't about money, it's about a group of people that have been treated unfairly for a long time," Brown said.