Date: Mon, 17 Oct 1994 17:15:49 -0700 From: Mills Mike Subject: MEASURE #13 IN OREGON Proposed by initiative petition to be voted on at the General Election, November 8, 1994. MEASURE NUMBER 13 QUESTION: Shall constitution bar governments from creating classifications based on homosexuality or spending public in manner expressing approval of homosexuality? SUMMARY: Amends state Constitution. Governments cannot: --create classifications based on homosexuality; --advise or teach children, students, employees that homosexuality equates legally or socially with race, other protected classifications; --spend public funds in manner promoting or expressing approval of homosexuality; --grant spousal benefits, marital status based on homosexuality; --deny constitutional rights, services due under existing statutes. Measure nonetheless allows adult library books addressing homosexuality with adult-only access. Public employees' private lawful sexual behaviors may be cause for personnel action, if those behaviors disrupt workplace. ESTIMATE OF FINANCIAL IMPACT: No financial effect on the state or local government expenditures or revenues. THE MINORITY STATUS AND CHILD PROTECTION ACT Be it enacted by the People of the State of Oregon: The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article 1. The new section shall be known as "The Minority Status and Child Protection Act" and will read as follows: SECTION 41: MINORITY STATUS BASED ON HOMOSEXUALITY PROHIBITED. (1) In the State of Oregon, including all political subdivisions and the government units, minority status shall not apply to homosexuality; therefore, affirmative action, quotas, specials class status or special classifications such as "sexual orientation," "domestic partnerships," or similar designations shall not be established on the basis of homosexuality. (2) Children, students, and employees shall not be advised, instructed or taught by any government agency, department or political unit in the State of Oregon that homosexuality is the legal or social equivalent of race, color, religion, gender, age or national origin; nor shall public funds be expended in a manner that has the purpose or effect of promoting or expressing approval of homosexuality. (a) The State of Oregon, political subdivisions and all units of state and local government shall not grant marital status or spousal benefits of homosexuality. (b) The State of Oregon, political subdivisions and all units of state and local government, with regard to public employees, shall generally consider private lawful sexual behaviors as non-job related facts, provided such factors do not disrupt the workplace and that such consideration does not violate subsections (1) and (2). (c) Though subsections (1) and (2) are established and in effect, no unit of state or local government shall deny to private persons business licenses, permits or services otherwise due under existing statutes; nor deprive, nullify, or diminish the holding or exercise of any rights guaranteed by the Constitution of the State or Oregon or the Constitution of the United States of America. (d) Though subsections (1) and (2) are established and in effect, this section shall not limit the availability in public libraries of books and materials written for adults which address homosexuality, provided access to such materials is limited to adults and meets local standard as established through the existing library review process. (3) The PEOPLE INTEND, that if any part of this enactment be found unconstitutional, the remaining parts shall survive in full force and effect. This Section shall be in all parts self-executing. EXPLANATORY STATEMENT This measure would amend the Oregon Constitution. The measure prohibits state and local governments from creating classifications based on homosexuality. These governments could not enact laws or policies establishing affirmative action, quotas, or class status based on homosexuality. Governments could not enact laws or policies using classifications such as "sexual orientation," "domestic partnerships" or similar designations based on homosexuality. Governments could not grant marital status or spousal benefits on the basis of homosexuality. State and local governments could not advise or teach children, students or employees that homosexuality equates legally or socially with race, religion, or other protected classifications. Governments could not spend public funds that directly or incidentally promote or express approval of homosexuality. A state or local government could take personnel action based on a public employee's private lawful sexual behavior only if that behavior disrupts the work place or otherwise violates this measure. State and local governments could not deny business licenses, permits or services otherwise due under existing statutes or limit the holding or exercise of constitutional rights. The measure would place certain limits on library materials referencing homosexuality by limiting the availability of these materials to adults only. Adults would have access to library materials referencing homosexuality if they are written for adults and meet local standards as established through existing library review procedures. This measure does not require any action by the legislature in order to take effect. Committee Members: Appointed by: Scott Lively Chief Petitioners Kathy Phelps Chief Petitioners Kathleen Beaufait Secretary of State Julie Davis* Secretary of State Katherine McDowell* Secretary of State *Member dissents (does no concur with explanatory statement) (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.)