Majority Tyranny v. Minority Rights

Majority Tyranny v. Minority Rights

 

 

A great paradox of the 2008 federal election in which the first African American was elected President is that three states passed referenda to amend their respective state constitutions to prohibit same-sex couples from marrying and Arkansas passed a referendum to preclude unmarried couples from adopting or fostering children.

 

Eighteen states allow their constitutions to be amended through ballot initiatives without consent by the legislative and/or executive branches.  The remaining states enable their constitutions to be amended by the public after legislative and/or executive action.    Some states require majority approval and others mandate voter approval ranging from 60% to two thirds approval.

 

The same-sex ballot initiatives exemplify the danger posed to all citizens by stripping away of fundamental rights from marginalized citizens and the importance of the judiciary in protecting civil liberties.

 

Barack Obama was born in Honolulu on August 4, 1961.  In 1961, 16 states not including Hawaii had laws that made miscegenation a crime and branded the offspring of a black and white couple as a bastard.  In 1967, the US Supreme Court ruled in Loving v. Virginia that miscegenation laws were unconstitutional because they violated the due process clause and equal protection of the 14^th Amendment.

 

Given prevalent racial animosity in 1961, had racists tried to amend state constitutions to prohibit miscegenation, those ballot initiatives would have been overwhelmingly passed in most states.

 

During World War II, had xenophobes tried to amend state constitutions to prohibit the civil liberties of Japanese Americans, they would have been easily approved.  State amendments to limit civil liberties could have been readily enacted against immigrants such as the Irish, Chinese and Jews, among others.

 

A democracy is measured by how it protects minority religious, political, racial and other individual differences.  The US Supreme Court has addressed these concerns in various decisions including Loving v. Virginia and Romer v. Evans.  

 

In Loving, which overturned Virginia’s Racial Integrity Act, Chief Justice Warren writing for a unanimous court ruled that marriage is one of the “basic civil rights of man” and that to deny this fundamental freedom on such unsupportable basis as racial classification deprives citizens of liberty without due process of law.

 

In 1992, Romer v. Evans arose from a ballot initiative titled Amendment 2 to the Colorado constitution that prevented any municipality from protecting homosexual citizens from discrimination.  The initiative passed with 53.4% approval. Amendment 2 was spearheaded by Colorado for Family Values that claimed the anti-discrimination protections for homosexuals in Aspen, Boulder and Denver were special rights that needed to be constitutionally banned.

 

The Colorado Supreme Court overturned the amendment as a violation of equal protection and ruled was subject to strict scrutiny in which the state needed to prove a compelling state interest, which it had failed to demonstrate.  Colorado appealed the decision to the US Supreme Court.  In 1996, in a 6 to 3 decision, Justices Stevens, O’Connor, Kennedy Souter, Ginsberg and Beyer affirmed the Colorado Supreme Court decision.

 

Justice Kennedy writing for the majority held that the discrimination in Amendment 2 neither met the strict scrutiny test nor the lower rational relationship to a legitimate state interest. Justice Kennedy stated, “It is not within our constitutional tradition to enact laws of this sort.”  He found that laws of this kind “raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected” and was born of a “desire to harm” homosexuals.

 

Proposition 8 that prohibits same-sex marriage was passed with 52% approval.  The proposition did not require consent by the legislative and/or executive branches.   Proposition 8 was principally funded by out of state interests including tens of millions by the Mormon Church.  The California Legislature had passed a bill providing for same-sex marriage.  Governor Schwarzenegger vetoed the measure because he believed the issue should be decided by the California Supreme Court. 

 

In 2008, the California Supreme Court decided that the prohibition against same-sex couples from marrying violated the California constitution and was subject to the strict scrutiny.  Governor Schwarzenegger and other prominent California Republicans were among in-state opponents to Proposition 8.

 

While the four state initiatives represent a setback, there is momentum for full equality including same-sex marriage for gay men and lesbians.  In 2000, 61% of Californians opposed and 39% supported same-sex marriage.  In 2008, those percentages respectively shrunk to 52% v. 48%.

 

Lambda Legal, ACLU and others are planning to challenge in the California state courts the constitutionality of Proposition 8.  Ultimately the California Supreme Court decision could reach the US Supreme Court.

 

Five of the six US Supreme Court justices who concurred in Romer v. Evans remain on the court.  We pray for their continued wisdom.

 

 

 

Malcolm Lazin

Executive Director

Equality Forum

 

 

Equality Forum is a national and international gay, lesbian, bisexual and transgender civil rights organization with an educational focus.

 

Mr. Lazin is a former Assistant US Attorney, who received the US Attorney General’s Distinguished Service Award.   He is the former Chair of the Pennsylvania Crime Commission.   He is the recipient of the National Education Association’s Creative Leadership in Human Rights Award and is a current Prime Mover of the Hunt Alternatives Fund.

 

 

Media Contact:

Chip Alfred, Communications Director

215-732-3378 x 116

chip@equalityforum.com

www.equalityforum.com

 

Hebrew Union College on Prop 8

 

 

By: Joel L. Kushner, Psy.D., Director,

Institute for Judaism and Sexual Orientation

 

It is a tragic day when lies and money triumph over justice and truth.  And today is just such a day.  Due to the manipulations and false claims backed by out-of-state financiers and organizations, California voters have stripped a particular group of people of a right that they held.  How shameful that we have allowed ourselves to be blinded by a magician’s sleight of hand into believing that this ballot was about educating children or churches or the school system.  This was, and is about justice and equal rights and it is not yet over.  17,000 couples have been married. We will not let this rest.

 

As a supporter of No on Prop 8 and as a person of faith, on Election day I spent time giving out palm cards on No on 8.  Standing more than 100 feet from the polling station, I asked an average-looking man in a fairly well-to-do Westside neighborhood if he had any questions about the proposition.  With venom whose origins I cannot understand, he cursed at me and carried on to vote.  After voting, he walked by me again.  This time, after walking some 50 feet ago past me, he turned and yelled, “Remember Germany in the 40s?”  I ignored him again, but as a Jew wearing a kippah, yes, I and my parents and grandparents remember Germany.

 

Yes, with the 70^th anniversary of Kristallnacht, the Night of Broken Glass, three days away, when mobs ransacked thousands of Jewish businesses and murdered and deported thousands of Jews, I “remember” Germany.  As a Jew, I know what happens when the constitution of my state is re-written to take away my rights.   As a Jew, as a father to my two children, and after a recent civil marriage to my husband, this result on Prop 8 deeply pains me.  We Jews, like other minorities, know about disenfranchisement, about inequality, and about laws that make me less than my neighbors.  This makes it even more hurtful that so many minorities and Jews seemed to forget these lessons on Election Day.

 

Yet, we also know that the struggle can be long and that for me, with my faith to support me, like my ancestors before me, I will survive this hurt to see justice prevail in the end.  My family is still a family and nothing can change that.  We will continue to fight for the just resolution on this issue.  The current decision on Proposition 8 is just one marker on a much longer and deeper journey to ensure that all people are treated as they should be – unique and cherished creations made in the image of God.  Tzedek, tzedek tirdof – Justice, justice, shall you pursue. (Deuteronomy 16:20)

 

The Institute for Judaism and Sexual Orientation (IJSO) is located at the Los Angeles Campus of Hebrew Union College-Jewish Institute of Religion and was founded in 2000 and works for the complete inclusion, integration and equal standing of LGBT people in Reform congregations and communities.

 

Founded in 1875, Hebrew Union College-Jewish Institute of Religion is the nation’s oldest institution of higher Jewish education and the academic, spiritual, and professional development center of Reform Judaism.  HUC-JIR educates men and women for service to American and world Jewry as rabbis, cantors, educators, and communal service professionals, and offers graduate and post-graduate degree programs for scholars of all faiths.  With campuses in Cincinnati, Los Angeles, New York, and Jerusalem, HUC-JIR’s scholarly resources comprise renowned library, archive, and museum collections, biblical archaeology excavations, and academic publications.   Visit us at http://www.huc.edu

Legislators File Friend of the Court Brief to Stop Prop 8

Legislators File Friend of the Court Brief to Stop Prop 8

 

SACRAMENTO – More than 40 state legislators, including Assembly Speaker Karen Bass, Senate President pro Tem Don Perata, incoming Senate President pro Tem Darrell Steinberg, and Speaker Emeritus Fabian Núñez, today filed a friend of the court brief in the case to void Prop 8, claiming it should be invalidated because it was not enacted under the proper procedures for changing the state Constitution.

 

“The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities,” said the legislators. “Our state’s few deviations from this duty have proven, with the perspective of historical distance, to be the most abhorrent chapters in our State’s history… The Legislative Amici urge this Court to prevent the momentary passions of a bare majority from compromising the enduring constitutional promise of equal protection under the law. Proposition 8’s radical change to our constitutional protections cannot be considered a mere ‘amendment.’ The California Constitution — ‘the ultimate expression of the People’s will’ — requires the involvement of the Legislature in a constitutional revision of this magnitude.”

 

“I am joining more than 29 members of the Assembly Democratic Caucus in supporting this brief,” said Speaker Bass. ”The inalienable right to equal treatment under the law must be protected and upheld.”

 

“I join this brief to overturn Proposition 8 not to thwart the will of the people, but to ensure that the California Constitution’s most cherished principle – equality for all under the law – is upheld,” said Sen. Steinberg.

 

“An underlying purpose of the constitution is to protect the basic rights of minorities from the majority,” said Senate President pro Tem Don Perata. “The drafters of proposition 8 turned this principle on its head and for the first time in our state history facilitated the writing of discrimination into the constitution. This is a radical and dangerous precedent to set.

 

“Proposition 8 radically revises our constitutional structure:  It singles out a minority group for unequal treatment, precludes our courts from protecting basic rights, and prevents the Legislature from exercising our legal responsibilities,” said Assemblymember Mike Feuer (D-Los Angeles). “I join my colleagues in urging the Supreme Court to overturn this discriminatory initiative.”

 

The friend-of-the-court brief submitted by the legislators supports a petition filed last week in the Supreme Court of California by six same-sex couples, seeking to preserve the fundamental right to marry by stopping the enforcement of Proposition 8.  The petition points out that fundamental changes to California’s constitution cannot be made by a simple majority of the voters.  Instead, California’s constitution – the ultimate expression of the will of the People of California – says that the fundamental rights of minority groups can only be done away with if 2/3rds of the legislators vote to submit the change to the People or to a constitutional convention.  The petition says, and the legislators agree, that this requirement in California’s constitution protects all Californians from the risk of having their fundamental rights taken away by a simple majority vote. 

 

# # #

Obama and His Fight with Prop 8 to Help His Gay Brothers and Sisters

November 7, 2008                    THANK YOU!   ________________________________     To all of you, the Fightin’ 36th: This week, as the sun comes up on a new day for America, we are filled with a wide range of emotions.  Joy.  Hope.  Excitement.  Complete Exhaustion.  But most abundantly, We are filled with gratitude – for you. Ten weeks ago, we went to Camp Obama with plans to travel to a battleground state for several weeks.  Instead, we got roped into the bigger, more difficult, and immensely more challenging duty as regional field organizers. The role had many challenges and even more rewards.  We’ve grown, personally and professionally, in ways we could not have anticipated and cannot yet fully measure.  That is all because of you. For weeks, your energy, your passion and your commitment have motivated and inspired us. Your efforts demanded that we give even more of ourselves.  Your skill insisted that we raise the bar on our own performance.  Your professionalism required that we be a better people. At every turn and in every way during this campaign, it was you who led us.  Both of us have worked on political campaigns before, and never have we seen or been part of a movement like the one we joined.  This has been one of the most powerful and rewarding experiences of our lives – thanks to you. During the past several weeks, we have asked many things of you.  Too many, we’re sure.  But we have one more thing to ask:  please stay involved.  The challenges we face are too great and too daunting to be solved without your talent and your energy.   Our new president reminded that we have the power to bend the arc of history.  Then he summoned us to duty and to sacrifice so that we can change the country and the world.  Please join us in answering that call. Thank you all very much. Mike Bonin Marta Evry Regional Field Organizers, California 36th Congressional District Obama for America       WHAT’S NEXT?   The Obama Campaign for Change has transformed American Politics. But even more importantly, It has given We, The People,  the tools we need to take responsibility for our future. This is how grass roots politics takes root. Change can only happen when folks stand together and take ownership over their government and their country. Our work does not end with a campaign, but rather begins with a new President, a new government, and a new day. We can’t simply rely on President Obama to do the work for us. That is never how he ran his campaign, and it won’t be how he’ll run his administration. We have the power. We have the ability. We have the will. From time to time, we here at Venice For Obama will send you e-letters, letting you know about the important issues that face us. There will be times when we’ll ask you to get involved again, to call our congresswoman or to send letters to Senator Boxer and Feinstein, asking them to support important legislation. Click on the Change.Gov button above. It will take you to the official President-Elect website. For any of you who are familiar with my.barack.obama.com, the site will feel very familiar. For those of you who aren’t check it out. You’ll find information about the inauguration, Obama’s transition team, breaking news, issues of concern, even a place for you to apply for a job with the new administration. But most importantly, there’s a place for you to share your vision of what this country can be. Just CLICK HERE. Welcome to the other side of history.   _____________________       Throughout the campaign, we ran a blog called “Venice For Obama”. Part community bulletin board, part early warning system, “Venice For Obama” acted as a clearing house of information for all things Obama.   _____________________ Due to popular demand, we’re going to keep it going. Click on the link to the left for the latest news, photos, videos, and information on what you can do to stay involved. VENICE FOR OBAMA     YOUR MOMENT OF ZEN CLICK ON THE PHOTO BELOW TO SEE HOW YOU,  “THE FIGHTIN’ 36TH” HELPED BRING THE ELECTION HOME FOR BARACK OBAMA. ______________________           In This Issue Thank You! What’s Next? Venice For Obama Your Moment of Zen The Battle Against Prop 8 Continues The Battle Against Prop 8 Continues This election was a singularly bitter-sweet experience for our gay and lesbian brothers and sisters. Even as they helped us take back our country, Proposition 8  took away their civil rights. They need our help! You can start THIS WEEKEND! Saturday, Nov. 8, 6pm Candlelight vigil  in Silver Lake, Sunset Blvd and Santa Monica Blvd  Sunday,  Nov. 9, 10am Saddleback Church Why Saddleback? Rick Warren, one of the most influential pastors in the country,  came out publicly in an email to his Saddleback congregation telling them to Vote Yes on 8. CLICK HERE to get directions CLICK HERE to learn more about what else you can do to help.       Quick Links veniceforobama.com D-Day Daily Kos Talking Points Memo  Congresswoman  Jane Harman Senator Dianne Feinstein Senator Barbara Boxer

Venice For Obama | 758 Palms Blvd. | Venice | CA | 90291

The Battle Against Prop 8 Continues

The Battle Against Prop 8 Continues

 

 

This election was a singularly bitter-sweet experience for our gay and lesbian brothers and sisters. Even as they helped us take back our country, Proposition 8 took away their civil rights.

They need our help! You can start

THIS WEEKEND!

Saturday, Nov. 8, 6pm

Candlelight vigil in Silver Lake,

Sunset Blvd and

Santa Monica Blvd

 Sunday,  Nov. 9, 10am

Saddleback Church

Why Saddleback?

Rick Warren, one of the most influential pastors in the country,  came out publicly in an email to his Saddleback congregation telling them to Vote Yes on 8.

We will not give up – No on Prop 8 – The real fight begins

We will not give up

We had hoped never to have to write this.

Sadly, fueled by misinformation, distortions and lies, millions of voters went to the polls yesterday and said YES to bigotry, YES to discrimination, YES to second-class status for same-sex couples.

And while the election was close, and millions of votes still remain uncounted, it has become apparent that we lost.

There is no question this defeat is hard.

Thousands of people have poured their talents, their time, their resources and their hearts into this struggle for freedom and this fight to have their relationships treated equally. Much has been sacrificed in this struggle.

While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8.

And while victory is not ours this day, we know that because of the work done here, freedom, fairness and equality will be ours someday. Just look at how far we have come in a few decades.

Up until 1974 same-sex intimacy was a crime in California. There wasn’t a single law recognizing the relationships of same-sex couples until 1984 — passed by the Berkeley School District. San Francisco did not pass domestic-partner protections until 1990; the state of California followed in 2005. And in 2000, Proposition 22 passed with a 23% majority.

Today, we fought to retain our right to marry and millions of Californians stood with us. Over the course of this campaign everyday Californians and their friends, neighbors and families built a civil rights campaign unequalled in California history.

You raised more money than anyone believed possible for an LGBT civil rights campaign.

You reached out to family and friends in record numbers—helping hundreds of thousands of Californians understand what the LGBT civil rights struggle is really about.

You built the largest grassroots and volunteer network that has ever been built – a coalition that will continue to fight until all people are equal.

And you made the case to the people of California and to the rest of the world that discrimination — in any form — is unfair and wrong.

We are humbled by the courage, dignity and commitment displayed by all who fought this historic battle.

Victory was not ours today. But the struggle for equality is not over.

Because of the struggle fought here in California — fought so incredibly well by the people in this state who love freedom and justice — our fight for full civil rights will continue.

Activist and writer Anne Lamott writes, “Hope begins in the dark, the stubborn hope that if you just show up and try to do the right thing, the dawn will come. You wait and watch and work: you don’t give up.”

We stand together, knowing… our dawn will come.

Dr. Delores A. Jacobs
CEO
Center Advocacy Project

Lorri L. Jean
CEO
L.A. Gay & Lesbian Center

Kate Kendell
Executive Director
National Center for Lesbian Rights

Geoff Kors
Executive Director
Equality California

No on Prop 8 supporters begin to fight back!

The most disgusting display of Anti-Americanism ever since Pre-1965.  This time at the hands of Black America and Church America.

For those of you that missed it or are not in Los Angeles, a staged massive protest happened here last night 11/5/08, where thousands of people blocked entire streets of Hollywood in protest of Proposition 8 outcome. You name it, they all showed up, here Rose McGowan holds a Victim of H8 sign up.

 

 What is ironic is according to statistics, the African American Community went in droves to vote Obama into office for Unity and Equality, but they also voted Yes on 8. The irony of that is they more than anyone should’ve known and understood the brevity of the Civil Rights Movement back in the 60’s and Obama’s message of togetherness, but I guess it didn’t stick.

The major voters on the other side for the No vote on 8, were young people, whites, whites Educated/College, and Rich People all in massses.

However….

The majority of the votes that went to the Yes on 8 were uneducated Whites, uneducated/Non-College Graduates and educated Minorities. Middle Class split down the middle. Completely not what I expected nor many others, I thought it was the reverse.

SPECIAL BULLETIN: Proposition 8 Protest Rally

Proposition 8 Protest Rally & Street Closures Wednesday, November 5th.  As deeply disappointed as we all are that California voters passed Proposition 8, we must not allow that disappointment to linger. This vote is a temporary defeat in the long march toward equal rights for all citizens in America.

Please join me for a protest rally tonight at 7 pm on San Vicente Blvd between West Hollywood Park and the Pacific Design Center (647 N. San Vicente Blvd. West Hollywood CA 90069) as we move forward towards restoring equality for all in California.

San Vicente Blvd, between Santa Monica Blvd and Melrose Avenue will be closed tonight starting at 6 pm. San Vicente south-bound traffic will be directed to make left or right at Santa Monica Blvd. Signs have already been posted to help divert traffic.

For more information about tonight’s rally, please contact (323) 848-6460.