Date: Mon, 15 Jun 1998 08:41:50 -1000 From: Mia H H Lam Subject: HRC QUARTERLY SPRING 1998 - Pg 9-11 (http://www.hrc.org/issues/marriage/index.h (fwd) ---------- Forwarded message ---------- Date: Fri, 12 Jun 1998 08:03:13 -1000 From: Al Nakatani Subject: HRC QUARTERLY SPRING 1998 - Pg 9-11 (http://www.hrc.org/issues/marriage/index.h Eight years after three same-sex couples tried to get licenses to wed in Hawaii, the issue of equal marriage rights for gays and lesbians in the Aloha State could finally be resolved this Nov. 3. That's when voters in Hawaii decide whether they want to change their state constitution to allow the Legislature to limit legal marriage to one man and one woman. Between now and then, many things can happen that could have an impact on that vote, and on the history of lesbian and gay equal rights in this country. At this writing, the Hawaii Supreme Court had yet to rule in Baehr v. Miike, the landmark case that grew out of the three couples who tried to wed in 1990. All indications have been that the high court would uphold lower courts and find that same-sex marriage is legal under the current state constitution. In the meantime, though, Dan Foley, the Hawaii attorney representing the three couples in the court case, goes to his mailbox every day looking for a "minute order" from the Hawaii Supreme Court to learn his next step in the lengthy case. This order will tell Foley and his co-counsel, Evan Wolfson of Lambda Legal Defense and Education Fund, if they need to make a final oral argument before the court rules. "It could be a matter of days or months," Foley says. "We have no indication when the court will reach its final decision." But gays, lesbians and fair-minded people in Hawaii learned long ago that they must not pin all their hopes on the courts because any positive ruling could be nullified by the ballot question. Invited by local activists, the Human Rights Campaign has been involved in this fight for more than a year. In late 1997, HRC began to step up its efforts in response to requests from local activists trying to help counter the influx of anti-gay resources from the mainland. Executive Director Elizabeth Birch has pledged to raise $1.1 million to help the citizens of Hawaii protect their constitution from this unnecessary and discriminatory amendment. In addition, fair-minded Hawaii residents are concerned that opponents of gay marriage might try to pass a bill to put a constitutional convention question on the November ballot. "It is now or never for the people of Hawaii," says Birch. "We must join together as a community to preserve Hawaii's traditions of fairness, diversity and tolerance. That's why we are committed to doing everything we can to protect Hawaii's constitution." The proposed constitutional amendment was passed by the Hawaii Legislature last spring. Opponents of gay marriage, sensing they were headed toward losing in the courts, hoped to remove the constitutional basis for the court case. Indeed, that expectation was the impetus for the anti-gay Defense of Marriage Act, which passed the U.S. Congress in September 1996, and for at least 26 anti-gay marriage state laws across the country. All these laws seek to inoculate states from having to recognize gay marriages performed in other states. ON THE FRONTLINES Protect Our Constitution is the name of the local group leading the charge against the misguided efforts to change the cherished document that helped create the 50th state almost a half-century ago. Protect Our Constitution launched its campaign in January 1998 and is working with a local board of community leaders to raise money, build coalitions and develop media strategy around the constitutional question. In response to a request from Protect Our Constitution, HRC has launched a separate campaign called Protect Our Constitution/ HRC. HRC has hired Starr Seigle Communications, Hawaii's pre-eminent communications firm, to coordinate paid media, polling and field operations. "We must use the most sophisticated techniques available to explain that to tamper with the constitution poses dangers to all Hawaii residents," says Donna Red Wing, HRC's national field director. "The Hawaii Constitution is a sacred document and protects native Hawaiians, labor unions, women and others from discrimination." HRC has almost 700 supporters scattered throughout the state, and they are concerned. At their urging, Red Wing has made three trips to Hawaii since joining HRC last year. She and Nancy Buermeyer, an HRC senior policy advocate, held a series of meetings in the islands in February 1997 to get to know the leaders of the various local organizations. In spring 1997, when it appeared that anti-gay opponents might succeed in placing a constitutional amendment question on the ballot, HRC ran television spots to educate the public on the dangers of amending the constitution. After the Legislature passed the amendment and sent it to the voters, Red Wing and HRC Communications Director and Senior Strategist David M. Smith traveled to Hawaii to explore the options. This trip helped pull together the people who would comprise Protect Our Constitution. That visit was followed by others, including several by HRC Executive Director Birch, to build upon the framework. "As efforts to secure equal marriage rights moved onto the electoral battlefield, HRC stepped up its involvement," Smith says. "This is an area where HRC has a solid track record and we want to offer whatever expertise we have to our partners in Hawaii." Last summer, HRC began working with Jackie Young, a former Hawaii state legislator and the first woman to hold the position of vice speaker in the state House of Representatives. She is now director of Protect Our Constitution, and has hired a campaign staff to carry out the next stage of its strategy. "Never has the Bill of Rights, either federal or state, been changed to limit the personal rights of any one group of people," she says. "Our national experiments with isolating citizens for special treatment have resulted in tragedies such as internment of 120,000 Americans during World War II. And Hawaii, unique in its spirit of aloha, of tolerance, acceptance and understanding, can ill afford to diminish that spirit by codifying in the state constitution the denigration of any of its people." Young has pulled together a coalition that includes civil rights organizations, the League of Women Voters, the Japanese-American Citizens League, unions, members of the clergy and others. And in March, Red Wing, along with fund-raising specialist Mickey MacIntyre of the Gill Foundation and campaign specialist Kathleen DeBold, deputy director of the Gay and Lesbian Victory Fund, worked with more than 50 activists to prepare the community for the anticipated assault of this anti-gay initiative. AGGRESSIVE OPPOSITION Opponents of gay marriage have organized under the banner of two campaigns: Save Traditional Marriage '98 and the Alliance for Traditional Marriage. The former launched its campaign in November 1997 with a guest appearance from best-selling author and inspirational speaker Stephen Covey. In response to requests from HRC and numerous concerned corporations, Covey, author of The 7 Habits of Highly Effective Families, has apologized and expressed regrets for his endorsement of the organization and for speaking at the fund-raiser. "Dozens of companies contacted HRC to express outrage at Mr. Covey's appearance and to ask our advice as to the question of whether to continue using Covey products," Smith says. "We are encouraged that Mr. Covey has issued an apology and reaffirmed the company's belief in core values of mutual respect and understanding." Other companies and individuals who attended the Covey event have since said they didn't realize it was an anti-gay fund-raiser. For example, the Australian consulate sent an employee in violation of the law barring foreign contributions to candidates or political organizations. His $200 donation was returned, according to news reports. In addition the vice president of Saturn of Honolulu, which sent several employees, issued a statement saying he "did not realize the educational workshop was a political fund-raiser," adding that Saturn does not support this political organization. Jay Sekulow, chief counsel for Pat Robertson's American Center for Law & Justice, boasted in a recent fund-raising letter about his group's key role in getting the constitutional amendment on the fall ballot, and that his staff had dedicated thousands of hours to the task. He claims that his organization is "implementing a comprehensive plan" to pass the measure, including a special task force of staff, researchers and an "on-the-ground-team" in Hawaii. So it's clear that anti-gay opponents are preparing to wage a no-expenses-barred campaign to change the constitution in Hawaii. In a state where more than half of all marriages are interracial, it is paradoxical that the arguments used to support a constitutional amendment are the very ones that were used against interracial marriage. "The constitution in Hawaii has only been amended three times in our history and is not something to be taken lightly. It would be a terrible mistake to use such a powerful weapon to support a narrow political agenda," Young says. According to Smith, the two campaigns aimed at helping protect the constitution are running according to plan. "Overall, it is a state-of-the-art operation," he says. "We can achieve our goal. Though it will be extremely challenging, I believe we can defeat this amendment." URGENT - URGENT - URGENT - URGENT - URGENT - URGENT - URGENT The battle for equal marriage has now moved beyond the courts and into the political arena, an area where the Human Rights Campaign excels. However, past experience has taught us that it is expensive to run an effective and successful statewide campaign against a ballot initiative. Our local leaders cannot do it alone, and they cannot do it on a shoestring. That's why I can't emphasize enough how important it is for our community to commit - and contribute - to this effort, now. Between now and Election Day, Nov. 3, we must invest in a full-scale campaign - organizing, hiring campaign staff, developing strategy and a whole range of tactics to mobilize our community in Hawaii and convince voters not to tamper with Hawaii's sacred constitution. Our efforts are completely endorsed by Lambda Legal Defense and Education Fund; the American Civil Liberties Union's Gay and Lesbian Project; and Marriage Project Hawaii. As I have traveled the country over the past year, I have heard from HRC members and friends in every state that this battle is too important to lose. By partnering with local activists in Hawaii, we can marshal the resources and expertise to make a difference in the outcome of the Hawaii referendum. We are prepared to invest $1.1 million in this effort, but that can only happen if every HRC member stands with us. We know that the religious political extremists are poised to do the same. We must not let them and their campaign of intolerance succeed. Please send your contributions to the Human Rights Campaign, 1101 14th St., N.W., Washington, D.C. 20005. Sate law requires us to use our best efforts to report the name, mailing address, occupation and employer of individuals whose contributions exceed $99. [note from Tracey Bennett: I believe the report refers to donations OVER $100.] St. Pierre is an HRC senior policy advocate. -------------------------------------------------------------------------------- The Human Rights Campaign http://www.hrc.org