Peace over rights initiatives clearly not in the cards
By Ed Carson
fo> thtOragan Oa > Irnp^.ini
Compromise sometimes gen
erates more conflict than it
smooths over.
After months of debate over
whether the Oregon l egislature
should pass « civil rights law to
protect gavs and lesbians, the
Legislature passed House Bill
1500 nt the end of the session
Hit 1500 prohibits Oregon
cities and counties from enact
ing and enforcing charter
amendments that would prevent
the local governments from
passing ordinances extending
anti-discrimination protections
In homosexuals
MB 3500 was a compromise
response to Oregon Citizens
Alliance-sponsored loc al mea
sures in several cities and coun
ties that passed in May Sup
porters of the bill hoped it
would In- a cease-fire In the hat
tie over gav rights
t his has not been the case. If
anything, the newly signed law
has c rented more furor arid more
c onfusion
It has sparked lawsuits from
both sides, a second round of
local measures is imminent —
though no one knows what
impact those measures would
really have — and the OCA and
its opponents are gearing up to
battle for another statewide bal
lot measure on the divisive
issue Peace in our time — or
even just peace for the time
being — is clearly not in the
cards.
Voters in C res well and six
other cities and counties will
vote Tuesday on c ity and coun
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ty charter amendments that
would prohibit anti-discrimina
tion protections for gays and les
bians and prevent spending to
promote homosexuality.
Cottage Grove. Oakridge and
Veneta will have elections on
similar amendments next May
Itecanse city officials delayed a
vote on the amendments in the
hope that the issue would be
resolved by then
However, it is not clear
whether these votes will mean
anything Will they (hi enforced
or be voided by HB 3500? Voters
in the affected areas won't know
for sure — no one will — until
the courts render decisions on
lawsuits relating to the issue.
The American Civil Liberties
Union has been trying to have
the courts call off these elections
on the basis of HB 3500. The
ACLU is arguing that a vote on
the (X'.A-sponsored initiatives
would entail enacting the
amendment, and HB 3500 pro
hibits enacting, as well as
enforcing, such charter amend
ments
The ACLU has been unsuc
cessful so far but is continuing
its legal action with the Oregon
Court of Appeals.
Kathy Phelps. OCA regional
direc tor for Lane County and
Southern Oregon, said HB 3500
was an unconstitutional attempt
to stop the local charter amend
ments.
it was a political maneuver,
knowing full well that it was
unconstitutional, to buy time
and in the hopes that it would
stop the initiative process,"
Phelps said "It really surprised
them when a judge in Mollala
and Kstacada said they couldn't
stop the ele< tions ”
Article IV. S*m tion five of the
Oregon Constitution reads, "The
initiative and referendum pow
ers reserved to the people are
further reserved to the qualified
voters of each municipality and
district as to all local, special
and municipal legislation of
every character in or for their
municipality or district."
Dave Fidanque, executive
director of the ACLU of Oregon,
suid gay rights should be left to
the ballot.
"It's not a pirqier subjet t for the
initiative process," Fidanque
said "The federal Constitution
says that states must maintain a
republican form of government.
It's sptM.ifu.aHy designed to pre
vent the majority from denying
the rights of political minorities."
The ACLU contends that the
OCA's initiatives encourage
hotred against homosexuals.
"(They are) sped really direct
ed at inflaming the prejudice of
the populace,” Fidanque said.
Fidanque conceded that the
Supreme Court's interpretation
of the U S. Constitution does not
extend protection of homosexu
als
"What the U.S Supreme Ciourt
has said so far is that the Consti
tution does not require govern
ments to extend protection of
homosexuals." Fidanque said
However. Fidanque argued that
preventing cits councils and
county commissioners from even
debating such protection, which
is what the local OCA measures
would probably do, is unconsti
tutional
"What these measures do is
shut off from ever considering
such protections." Fidanque said.
"That's what makes it a funda
mental attack on the Bill of
Rights."
Fidanque also criticized the ini
tiative process lM«.auso it doesn't
allow for amendments or com
OCA TIMELINE
Nov. 3,1992 State Ballot
Measure 9 tails 57 percent to
43 percent
Jan. 14 OCA announces
effort to change target city
and county charters through
initiative process.
May 18 Voters in Cornelius
pass city charter amendment
prohibiting the local govern
ment passing laws or ordi
nances to protect gays and
lesbians from discrimination
and from spending money to
promote homosexuality.
June 29 Similar measures
are voted on in Junction City,
Canby, Douglas County,
Josephine County, Linn
County and Klamath County.
All pass.
July 8 Oregon House pass
es HB 3500, which prohibits
local governments from
enacting or enforcing city or
county charter amendments
that ban anti-discrimination
protection for homosexuals.
July 9 OCA threatens to
launch recall campaigns
against legislators who voted
in favor of HB3500.
July 29 ACLU files suit
against OCA’s proposed
1994 statewide anti-gay
rights initiative, on grounds it
violates constitution
August OCA files suit
against HB3500, on grounds
that it violates Oregon consti
tution.
Sept 21 Elections to be
held for OCA measures in
Creswell. Estacada,
Lebanon, Medford, Molalla,
Sweet Home and Jackson
County.
I—....-.. ...i
promise,
"You can amend u bill until the
very last minute," Fidanque said
"With the initiative, it’s up or
down."
Actually, Phelps agreed with
Fidanque on this point and said
she believes it was a major rea
son why the OCA was unsuc
cessful last November.
"(Ballot Measure 9) was too
pro-active for the majority,"
Phelps said. "We've had to
rewrite it, sort of a form of
amendment."
Perhaps taking a cue from a
similar initiative that passed in
Colorado, Phelps said the OCA
worked to make its initiatives
more palatable to the majority by
asking for suggestions and input
from the public.
Phelps said this public input
was used to draft its local amend
ments and the statewide ballot
measure for 1994. She said the
(X1A is confident this amended
version of Measure 9 will l>e sup
ported by a majority of Oregoni
ans.
After the passage of HB 3500.
the OCA threatened to mount
recall campaigns against legis
lators who voted in favor of the
bill However, Phelps said the
OCA is focusing on the upcom
ing statewide ballot measure for
1994.
"(OCA Director Lon Mahon)
got us on so many things that it’s
fourth on our priorities," Phelps
said.