From: Thomas Klem Subject: Press Release: Amendment 2 Ruling (from Gay and Lesbian Atheists and Humanists) Date: 26 May 1996 18:17:54 GMT May 23, 1996 FOR IMMEDIATE RELEASE Contact information: aq981@lafn.org or write to GALAH, P.O. Box 15803, Los Angeles, CA 90015. AMENDMENT 2 RULING A MAJOR, THOUGH NOT FATAL, BLOW TO THE RELIGIOUS RIGHT'S HOMOPHOBIC CRUSADE The members of Gay and Lesbian Atheists and Humanists (GALAH), like fair-minded people throughout the country, are thrilled with the U.S. Supreme Court's 6-3 decision to uphold the judgement of the Colorado courts to strike Amendment 2, a homophobic ballot proposition designed by the Religious Right to deny lesbians, gays, and bisexuals the opportunity to pass non-discrimination legislation in any level of government in that state. Amendment 2, which passed by a narrow majority of votes in the 1992 elections, was the only one of five anti-gay ballot initiatives placed on statewide ballots in this country to pass. Voters in Idaho, Maine, and Oregon rejected similar efforts---Oregon voters have had to do so twice. The Religious Right has, however, had greater success with less sweeping efforts to overturn local ordinances prohibiting discrimination on the basis of sexual orientation. Even more encouraging, the opinion finding Amendment 2 unconstitutional was written by Justice Kennedy, a somewhat conservative justice appointed by President Reagan. The Court's finding that Amendment 2 violated the Equal Protection Clause of the Constitution is an important recognition by the Court that the clause applies to lesbians, gays, and bisexuals. However, speaking for the court, Justice Kennedy wrote,"Yet Amendment 2, in explicit terms, does more than repeal or rescind these provisions. It prohibits all legislative, executive or judicial action at any level of state or local government designed to protect the named class, a class we shall refer to as homosexual persons or gays and lesbians." This shows that the Court struck down the ballot proposition, at least in part, because of its vast scope. The Religious Right may attempt to write less sweeping ballot proposals in the future---merely overturning an existing piece of legislation rather than forbidding all future legislation---as a way to circumvent the ruling. Anti-queer ballot measures at the local level often are similarly limited in scope already. The celebrations which have occurred nationwide after the Court's decision are understandable and justified. However, the dissenting opinion written by Justice Scalia should keep anyone from being too complacent. Scalia's claims that Amendment 2 "does no more than deny homosexuals special rights" and that the ballot measure involves "the prohibition of special protection for homosexuals," show that Scalia was eager to parrot the spurious "special rights" claims of the Religious Right. Clearly, these claims are incoherent because: 1. There is nothing special about being treated in the same fashion as others. 2. Laws prohibiting discrimination on the basis of sexual orientation protect heterosexuals from said discrimination as well as protecting bisexuals, lesbians, and gays. Now that the lack of constitutionality of Amendment 2 has been established, the Religious Right will probably offer fewer such ballot proposals in the future. Lesbians, gays, bisexuals, and transgendered people will be able to avoid the added hostility and violence that such efforts so effectively encourage. This alone would be sufficient for GALAH to be thrilled by the outcome of this case. We hope that the courts will fully recognize our rights as citizens under the Fourteenth Amendment of the Constitution. However, we are not convinced that the fundamentalists will stop their campaign of oppression against queers, especially through the legislative arena. Some examples of current efforts follow: - Attempting to ban gay/lesbian/straight student alliances. - Attempting to prevent same-sex marriage recognition. - Efforts to preserve or even restore sodomy laws. - Efforts to prevent or even overturn legislation and policies prohibiting discrimination in employment on the basis of sexual orientation - Fighting counseling programs for queer youth in the public schools. It also would be reasonable to expect the fundamentalists to continue their efforts to banish lesbians, gays, bisexuals, and transgendered people from the media and from public life. The "American Family Association" is currently boycotting Disney, in part due to their production of queer-positive films, their hosting of gay/lesbian theme nights, and their domestic partnership policy. It also would not be surprising for the Religious Right to push for ballot measures outlawing same-sex marriages. The Catholic and Morman churches have joined evangelical Christians in Hawaii in efforts to try to place and pass such an initiative. Rev. Lou Sheldon of the "Traditional Values Association" threatened to do the same in California even before the Hawaii Supreme Court ruled that same-sex marriages may have to be allowed under that state's constitution. GALAH asks that people combine their joy with the resolve to counter the Religious Right's homophobic crusade wherever it manifests itself. -------------------------------------------------------------------------- ------------- Gay and Lesbian Atheists and Humanists is an organization with four main goals: 1. Support equal rights for lesbians, gays, and bisexuals. 2. Educate people about atheism and humanism. 3. Support separation of church and state. 4. Provide freethinkers with opportunities to get to know each other. In the tenth year of its existence, GALAH has a membership of over 110. Historically, GALAH has been a local organization in the Los Angeles area, but GALAH has started outreach to queer freethinkers nationwide. GALAH has a monthly newsletter which, among other things, includes updates on the Religious Right, information about letter- writing campaigns to counter the fundamentalists, and it even has an advice column. To find out more about GALAH, write to GALAH, P.O. Box 15803, Los Angeles, CA 90015. --- Thomas Klem tklem@lainet.com http://lainet3.lainet.com/~tklem DO NOT SEND UNSOLICITED COMMERCIAL EMAIL TO THIS ADDRESS.