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Oregon Daily Emerald Monday, October 11, 2004 NEWS STAFF (541)346-5511 JEN SUDICK EDITOR IN CHIEF STEVEN R. NEUMAN MANAGING EDITOR JARED PABEN AY1SHA YAHYA NEWS EDITORS PARKER HOWELL SENIOR NEWS REPORTER MORIAH BAL1NCIT MEGHANN CUNIFF KARA HANSEN ANTHONY LUCERO CANELA WOOD NEWS REPORTERS CLAYTON JONES SPORTS EDITOR JON ROETMAN SENIOR SPORTS REPORTER STEPHEN MILLER BRIAN SMITH SPORTS REPORTERS RYAN NYBURC PULSE EDITOR NATASHA CHILINCERIAN SENIOR PULSE REPORTER DAHVI FISCHER AMY LICHTY RYAN MURPHY PULSE REPORTERS DAVID JACERNAUTH EDITORIAL EDITOR JENNIFER MCBRIDE AILEE SLATER CHUCK SLOTHOWER TRAVIS WILLSE COLUMNISTS ASHLEY GRIFFIN SUPPLEMENT FREELANCE EDITOR CABE BRADLEY NEWS FREELANCE EDITOR/ DIRECTOR OF RECRUITMENT DANIELLE HICKEY PHOTO EDITOR LAUREN WIMER SENIOR PHOTOGRAPHER TIM BOBOSKY PHOTOGRAPHER ERIK BISHOFF PART-TIME PHOTOGRAPHER BRET FURTWANGLER GRAPHICS EDITOR KIRA PARK DESIGN EDITOR ELLIOTT ASBURY CHARLIE CALDWELL DUSTIN REESE DESIGNERS SHADRA BEESLEY JEANNIE EVERS COPY CHIEFS KIMBERLY BLACKFIELD PAUL THOMPSON SPORTS COPY EDITORS AMANDA EVRARD AMBER LINDROS NEWS COPY EDITORS LINDSAY BURT PULSE COPY EDITOR ADRIENNE NELSON ONLINE EDITOR BUSINESS (541)346-5511 JUDY RIEDL GENERAL MANAGER KATHY CARBONE BUSINESS MANAGER REBECCA CRITCHETT RECEPTIONIST NATHAN FOSTER AIBING GUO ANDREW LEAHY JOHN LONG MALLORY MAHONEY HOLLY MISTELL DISTRIBUTION ADVERTISING (541)346-3712 MELISSA CUST ADVERTISING DIRECTOR TYLER MACK SALES MANAGER ALEX AMES MATT BETZ HERON CAUSCIIIXJLEN MEGAN HAMLIN ELISA JESSOP MAECAN KASER-LEE MIA LEIDELMEYER EMILY PHILB1N SHANNON ROGERS SALES REPRESENTATIVES KELLEE KAUFTHE1L AD ASSISTANT CLASSIFIED (541)3464343 TRINA SHANAMAN CLASSIFIED MANAGER KATY GAGNON SABRINA COWETTE LESLIE STRAIGHT KERI SPANGLER KATIE STRINGER CLASSIFIED ADVERTISING ASSOCIATES PRODUCTION (541)3464381 MICHELE ROSS PRODUCTION MANAGER TARA SLOAN PRODUCTION COORDINATOR JEN CRAM LET KRISTEN D1CHARRY CAMERON GAUT ANDY HOLLAND DESIGNERS The Oregon Daily Emerald is pub lished daily Monday through Fri day during the school year by the Oregon Daily Emerald Publishing Co. Inc., at the University of Ore gon, Eugene, Ore. The Emerald operates independently of the University with offices in Suite 300 of the Erb Memorial Union. The Emerald is private property. Unlawful removal or use of patys is prosecutable by law. ■ In my opinion MEASURING gender “Measure 36 sends a simple, posi tive message to children that marr riage should be between a man and a woman. It just makes sense.” So reads an argument found in the Oregon voters’ pamphlet in favor of Ballot Measure 36, which would amend the Oregon Constitu tion to define marriage as valid and legal only between one woman and one man. Besides the obvious issue of discrimination against gay and lesbian couples, another less prominent matter is presented in two specific words of this initiative: “man” and “woman.” These terms and this ballot measure are anything but simple. Doctors estimate that one in 2,000 babies is born with ambigu ous sexual organs, or has sex chro mosomes different from his or her phenotypic reproductive organs. This percentage of the public is bio logically neither male nor female. Many are assigned a sex as children. Medical procedures may be under gone in an attempt at classification. Still, most simply accept their bod ies as they are and live normal lives as either the gender that their par ents appoint to them, or that of their own choosing. The question then rises, what or who defines a per son’s legal sex when the genetics are ambiguous? Citizens who have undergone gender reassignment surgery also walk the precarious line of sexual category. Born clearly as either male or female, these are people who feel that their personal gender is different from their biolog ical sex, and therefore choose to “become” another sex through a combination of lifestyle decisions, and/or hormones and surgical operations. Some experts estimate that 1.2 million Americans believe that they were born into the wrong gender. Again, after a AILEE SLATER FURTHER FROM PERFECTION process of sex change is complete, the question remains whether this person should be assigned, legally or otherwise, to the sex they were born with, or to that which they have personally chosen and are cur rently living as. Faced with enough problems in our sharply gendered culture, the approval of Measure 36 would pro vide another arbitrary hurdle for these members of our society. If marriage is only recognized between a man and a woman, an intersexed or transsexual person could easily be refused inclusion within this le gal status. Imagine this situation: A baby is born with partial male and female organs, raised as a female, and eventually marries a man. Unfortu nately, after 15 years of marriage, her place of employment is cutting health insurance to employees. Upon learning about this woman’s unique situation, the company re fuses to provide insurance to her husband or children. If the Oregon Constitution is amended, this em ployer would be in the right: A mar riage of 15 years between two peo ple who consider themselves a man and woman would not be a mar riage at all. Likewise, a husband or wife who has undergone a sex change at some point in life will be denied benefits afforded to married couples, such as paid sick leave to care for a partner, or immunity from testifying against his or her spouse. For any benefit of marriage that could cost another member of society monetary or oth er problems, it will be the intersexed or transsexual person that does not receive fair justice. These situations are more than just possibilities. In 1999, Christie Lee Littleton brought a wrongful death suit against her late husband’s physician and lost when her mar riage was ruled invalid. Littleton was living as a woman but had been born genetically male. In Texas, she could, therefore, not have legally wed another male, and her seven year marriage was ruled invalid by the court. Similar situations must not be allowed to occur here in Oregon. It is discriminatory enough to deny rights of partnership to gay couples, but at least conversation and discus sion exists on behalf of these couples. The issue of intersexuality in conjunction with Measure 36 has been almost completely over looked by both supporters and op ponents, an unfortunate move as this issue is an important compo nent of the debate. If a constitutional amendment allows government officials to de cide a person’s gender for them, rights of privacy and liberty have been severely trampled upon. More over, employers and others could legally argue the need to demand ge netic testing if they suspect intersex uality, another clear violation of citi zens’ privacy. No government should be al lowed to decide an individual’s sex or gender. If a people are born with ambiguous genitalia, or even if they aren’t, it is within their constitution al rights to determine their affiliation with males, females, both or maybe even neither. aileeslater@dailyemerald.com INBOX: MEASURE 36 LGBTQA forbidden to speak on Measure 36 The LGBTQA is an association of individuals from diverse backgrounds who have come together here at the University in celebration and valida tion of themselves and others within the lesbian, gay, bisexual, transgen dered, queer community. The LGBTQA seeks to end isola tion, fear, hatred, intolerance, igno rance, misinformation, violence and discrimination. That is why many members of the current LGBTQA feel that Measure 36, a pro posed amendment to the Oregon Constitution, which would effective ly ban gay marriage, should be an is sue that is addressed by the LGBTQA group as a whole, being that if Measure 36 passes, it will directly affect the LGBTQ communi ty at the University. After consulting with ASUO, OSA and other entities within the Univer sity, the LGBTQA has effectively been gagged from taking a stance on Mea sure 36 due to the rules surrounding bipartisanship of student groups on the University campus. It has been made known to the members of the LGBTQA that funding and office space will be rescinded if the LGBTQA were to take a stance against Measure 36. Being a marginalized group who will be directly impacted by the out come of Measure 36, the LGBTQA has begrudgingly decided that it would be in the best interest of its members to not take a stance on Measure 36. Jose Soto Undergraduate Measure 36 promotes discrimination of gays Do not be misled! Measure 36 is one more attempt by the majority to ensure that a minority group does not receive equal treatment under the law. This measure ensures that hundreds of federal and state sanctioned legal rights will never be available to one class of people: Gays and lesbians. We will then write this discrimination per manently into our state constitution, the document created to ensure equi table treatment for all. Our country has a long history of eventually recogniz ing unfair laws over time. Don’t be misled, vote no on Measure 36! Brett McFarlane Eugene CORRECTION In Friday’s story "Violence breaks out at local Heinz Kerry rally," the quote stating that student Anthony Warren sustained “no serious injuries” was not attributed correctly. It should have been attributed to Eugene Police Department spokeswoman Kerry Delf. The hospital representative said Warren was treated and released. The Emerald regrets the error. mm OREGON DAILY EMERALD LETTERS POLICY Letters to the editor and guest commentaries are encouraged, and should be sent to letters@dailyemerald.com or submitted at the Oregon Daily Emerald office, EMU Suite 300. Electronic submissions are preferred. Letters are limited to 250 words, and guest commentaries to 550 words. Authors are limited to one submission per calendar month Submissions should include phone number and address for verification. The Emerald re serves the right to edit for space, grammar and style. Guest submissions are published at the discretion of the Emerald. ■ Editorial Bush, Kerry fail to deliver honest talk One of the harmful byproducts of democracy is that the selection of our leaders and lawmak ers seems more like a horse race than a thought ful, well-informed evaluation of the strengths and weaknesses of various individuals. Something happens to candidates on the campaign trail that strips them of their humanity. Take, for example, the final question in the second presidential debate on Friday. In the town-hall style event, President Bush was asked, “During the last four years, you have made thousands of decisions that have affected millions of lives. Please give three instances in which you came to realize you had made a wrong decision, and what you did to correct it.” Bush totally dodged the question. But did Kerry set a good example by admitting his own mistakes and scolding Bush for not being straight with the American people? Democrats should be so lucky, but no. It’s hard to justify the idea of a government ac countable to the people when both candidates act so aloof and arrogant. All people make mistakes. Mature people admit them. Since both candi dates refused to admit even a single mistake, we would like to answer the question for them. George W. Bush's mistakes 1. I was wrong to play the fear card when making the case for war in Iraq. I put all my eggs in one basket with that whole WMD thing. In the future we will communicate more hon estly when the United States needs to use mili tary force to protect its financial interests ... er ... advance liberty throughout the world. 2.1 was wrong to antagonize Iran and North Korea by calling them the Axis of Evil. Tough talk is often necessary, but when they have nu clear weapons and we have an overextended military, maybe diplomacy wouldn’t have been such a bad thing. 3. I was wrong to let Dick Cheney and Karl Rove talk me into a second tax cut for the rich. I didn’t want to do it. From now on, I will irre sponsibly run up the deficit solely with tax cuts for the middle class. John F. Kerry's mistakes 1. I was wrong to sign the USA PATRIOT Act without first reading it. I promise to read more of the legislation that I support if I am elected president. I make no promises about whether this will make my positions more consistent. 2. I was wrong to give the president a blank check for war, then trash him, then say that I would still vote to give him a black check and then justify the whole mess by appealing to “nuance.” The truth: It was the wrong vote in the wrong Senate at the wrong time. 3. I am wrong to miss so many votes in the Senate while I am running for president. I hope the American public doesn’t follow my lead by actually putting their vote where their mouth is. ONLINE POLL Do you support Oregon Measure 36, which would amend the state constitution to redefine marriage as a union between a man and a woman? Visit www.dailyemerald.com to vote. 1. Yes, marriage should be between a man and a woman. 2. Yes, but gays and lesbians should be offered civil unions that would give them some benefits. 3. No, gay couples should be allowed to marry and to secure the same rights as other couples. 4. No, I don't think we should make amendments to the state constitution. 5. Marriage should be abolished for everyone.