ju st out ▼ October 18, 1 9 0 8 ▼ 17
B allot M easure 39
“We view this as a human rights issue. Health
care is a fundamental right,” says Jean Harris,
campaign manager for the Yes on 39, Health Care
Freedoms Campaign.
Earlier this year, an estimated 230,000 Orego­
nians signed petitions seeking to place the pro­
posed state constitutional amendment on the Nov.
5 general election ballot.
The initiative, which easily qualified, seeks to
prohibit discrimination of any category of health
care provider who is regulated by the state and is
working within their legal scope of practice.
Ballot Measure 39 describes a health care
provider as a “person who is licensed, certified or
otherwise regulated in accordance with appli­
cable state law to furnish to any person services
for the purpose of assisting in childbirth, or pre­
venting, alleviating or healing human illness,
physical disability or injury.”
Such providers may include naturopaths, chi­
ropractors, midwives and physical therapists.
The measure’s chief petitioners are state Sen.
Bill Kennemer, a conservative Republican from
Milwaukie, state Rep. Sharon Wylie, a Gresham
Democrat, and former Republican state Rep. Mary
Alice Ford.
“It may seem odd that three current and former
legislators would use the initiative system instead
of the legislative process,” the trio write in an
open letter urging support for Measure 39.
“But Measure 39 opponents form a very pow­
erful lobby in the Oregon Legislature. After re­
peated attempts to bring this issue before the
Legislature, we were unable to even get a hearing
in the last legislative session,” they say.
Backers say while Oregon is a national leader in
licensing and regulating a wide range of health
specialists, most insurance plans, managed care
organizations and HMOs deny coverage for many
of these categories—despite claims that “alterna­
tive” treatments are effective, sanctioned by
Oregon’s state government, and often less expen­
sive than “traditional” medical care. They add that
many people have conditions which only respond
to naturopathic treatment or the care of a chi roprac-
tor, acupuncturist or osteopathic physician.
“The powerful insurance and medical lobbies
don’t want to let others in on their very profitable
lock on the compensated health care delivery mar­
ket,” says Wylie. “Ballot Measure 39 has over­
whelming public support. Because of the powerful
medical lobby, Health Care Freedoms could not
even get a hearing during the last legislative ses­
sion. That is why we are taking it to the people.”
“Entire categories of recognized, licensed and
effective disciplines are regularly excluded from
insurance plans and managed care organizations,”
say the chief petitioners. “Over one-third of Or­
egonians rely on this ‘alternative’ care. But with­
out coverage they are effectively denied it.”
Roughly two dozen organizations, including
the AFL-CIO, Oregon Gray Panthers, Portland
Two from the pack
Union of Oregon, the U. S. Supreme Court’s inter­
pretation of the First Amendment allows every
community to have different standards for what is
“obscene.” Thus Measure 31 may allow for the
This election voters have a lot to contemplate:
creation of as many as 276 county and municipal
laws—and definitions—of obscenity. Homosexu­
Here’s a couple of initiatives worth taking a closer look at
ality, say critics, will certainly find its way into
T
many such local obscenity laws.
“In Oregon libraries, almost 50 challenges
by Inga Sorensen
have been filed in the last five years which specifi­
and a study by an insurance industry group.”
cally requested homosexual material be banned,”
Rainbow Coalition and Oregon State Council of
Yes on 39 says because State Treasurer Ji m H i 11 writes Measure 31 opponent Judie Miller in a
Senior Citizens, have endorsed the initiative and
recent Right to Pride newsletter. “In 1993, mate­
"believed it was as likely that health care costs
are working in coalition to pass it.
would actually go down under Measure 39.. .[he]
rials addressing gay, lesbian and bisexual issues
Harris believes Ballot Measure 39 may have a
declined to sign the financial impact statement.”
were targeted in an organized fashion in commu­
particular appeal among gay men and lesbians:
In a recent editorial, The Oregonian urged
nity libraries all over Oregon.... Members of
“Women, many lesbians, have long been involved
special interest groups... filed requests for removal
voters to reject Measure 39, sayi ng citizens “should
in midwifery and holistic health. Their use of
not put a plan with such unknown effects into the
based upon such concerns as ‘these materials
herbs and nature dates back hundreds of years.
state Constitution.”
promote homosexuality and moral decay.’ Be­
We have a long history with this type of health
cause of protections guaranteed in our state Con­
The fact that Ballot Measure 39 would amend the
care,” she says. “And our community of course
stitution, none of these works were removed.”
Oregon Constitution is a concern to others as well.
has been so affected by AIDS. Mainstream medi­
“I think many of our board members support
Portland attorney Susan Marshall of Safe Neigh­
cine for years refused to pay any attention to this
the [proposal’s] principle,” says Barry Pack, ex­
borhoods, a pro-Measure 31 group, stresses gay
epidemic. Alternative practitioners have been there
men and lesbians are not the target of this measure.
providing relief and treatment for many, many
ecutive director of Right to Pride, a statewide
sexual minority rights organization.
years. Think about what naturopaths, for ex­
“I’m speaking as a radical feminist—this is
One of RTP’s bottom-line endorsement crite­ about stopping degradation of women and chil­
ample, do. They work to fortify the immune
dren and keeping neighborhoods safe,” says
ria relates to HIV/AIDS issues.
system. These are the types of treatments that are
Marshall, adding that she understands what it is
“I know there are a lot of people with HIV and
being denied to people on a regular basis.”
like to be attacked for one’s views.
AIDS who utilize alternative health care, and that
Predictably, the Oregon Medical Association,
“I lived in a meditation community for 17
it’s an important part of their treatment,” says
managed care organizations, hospitals and insur­
years. We’re looked at as weird pagans by some
Pack. “But we question whether a constitutional
ance companies have come out against the pro­
people,” she says. “I can relate to what it’s like to
amendment is the way to approach this.”
posal. Opponents have launched advertisements
be marginalized...since I began working on this
RTP ultimately declined to endorse Ballot
claiming Ballot Measure 39 will increase health
campaign I’ve received death threats.”
care costs and undermine the Oregon Health Plan.
Measure 39.
Marshall says she adamantly believes books
Yes on 39 campaign field director Ron
Harris and others counter by saying the Or­
with gay themes will not be banned if Measure 31
Schlittler, who also sits on RTP’s board, says he
egon Health Plan already prevents discrimination
passes, nor does she think localities will seek to
contacted “a number of HIV/AIDS groups” to
among health care providers. They say managed
declare homosexuality obscene.
solicit official support. None, he admits, have
care companies that the health plan contracts with
Safe Neighborhoods says that other cities,
responded with organizational endorsements.
discriminate, and Measure 39 would simply ex­
including New York, have obscenity laws and
tend the health plan’s standard to its providers.
“I think this measure was unexpected for a lot
thriving
arts communities. Marshall adds that
Supporters also say savings from more cost-
of people,” he says. “AIDS organizations are so
various forms of expression— from graffiti to hate
effective alternative treatments will actually per­
focused on other necessary priorities. When we
speech— are already restricted under the law.
mit the health plan to expand its coverage to more
explain what Measure 39 would do, however,
“Hopefully this will pass and people will see
Oregonians.
most people say, ‘That’s a great idea.’ ”
that those claims about censorship are just scare
Karl Humiston, a physician and member of
tactics,” she says.
the Oregon State Council of Senior Citizens, says,
While Measure 31 advocates have argued that
“The council believes that Measure 39 could help
the initiative is necessary to combat child pornog­
reduce health care costs. Many of the alternative
Another initiative of particular interest to the
raphy, opponents disagree and say this summer
treatments Measure 39 will make available are
sexual minorities community is Ballot Measure
the Oregon Supreme Court upheld strict child
less expensive and more preventative than cur­
31, which according to opponents would weaken
pornography laws.
rently covered treatments.”
free speech and expression rights guaranteed by
Proponents have also said Measure 31 is needed
While some believe the measure would lead to
the Oregon Constitution. Oregonians would in­
in
order
to allow for the zoning of adult busi­
lower health care costs, Yes on 39 acknowledges
stead have to rely on federal laws for free speech
nesses. Opponents say slashing Oregon state con­
that the cost impact—positive or negative— is
protections.
stitutional protections of free expression is not the
speculative, “because it requires huge implemen­
Measure 31 is a proposed constitutional amend­
way to tackle that issue.
tation assumptions which are simply and clearly
ment that closely resembles 1994’s Measure 19,
RTPPAC voted unanimously to recommend a
not contained within the measure.”
which voters rejected 55 percent to 45 percent.
no vote on Ballot 31.
The state financial impact committee, which
The latest version states, in part: “Obscenity,
Other opponents include Gov. John Kitzhaber,
submits an estimate of financial impact for all
including child pornography, shall receive no
former Gov. Barbara Roberts, the Democratic
ballot measures, estimates Measure 39 would
greater protection under this Constitution than
Party of Oregon, the Rural Organizing Project,
increase state government expenditures by $22.4
afforded by the Constitution of the United States.”
executive director of the Lesbian Community
million and local government expenditures by $8
Sponsors say the measure would allow any law
Project LaVeme Lewis, and state Reps. Gail
million. Yes on 39 argues that that estimate was
or action that is permitted under the federal Consti­
Shibley, George Eighmey and Kate Brown.
based on “a single letter from an accounting firm
tution. According to the American Civil Liberties
,
B allot M easure 31
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