Subject: Press Release: Amendment 2 Ruling (from Gay and Lesbian Atheists and Humanists)
From: Thomas Klem <[email-masked]>
Date: 26 May 1996 18:17:54 GMT

May 23, 1996

FOR IMMEDIATE RELEASE

Contact information: [email-masked] 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.

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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.

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Thomas Klem [email-masked]       http://lainet3.lainet.com/~tklem

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