Oregon Daily Emerald
Monday, October 11, 2004
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gon, Eugene, Ore. The Emerald
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■ 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
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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.