Subject: FW: ANTI-GAY INITIATIVE #2: CITIZENS ALLIANCE OF WASHINGTON Anti-gay initiative the second. This one by the Citizens Alliance of Washington, which is controlled by the Oregon Citizens Alliance's Lon Mabon. - R'ykandar. ---------- From: Dar Korra'ti Subject: ANTI-GAY INITIATIVE #2: CITIZENS ALLIANCE OF WASHINGTON Date: Tuesday, January 11, 1994 12:26PM This is the CAW initiative, and is worse than the first. Notable features: 1) All the usual smeg, plus: 2) A _very_ cleverly hidden striking down of any state policy against discrimination on the basis of sexual orientation - note the last paragraph of section two, and read it _very_ carefully, 3) Requirements that all mentionings in schools (including by speakers, volunteers, etc) or which involve public fundings in _any way_ must be negative, 4) Denial of all custody rights to _natural_ children - it explicitly states that a foster parent is preferential, 5) Denial of all forms of gender-change. This one's particularly bizzare, given the wording: "The State of Washington recognizes that the gender that is established at the conception of all persons is the only and natural gender of that person for the duration of their life." Which means we're all female, I guess, given that that's how it works for the first two or three months after conception... 6) Breaking the 50-state agreement on recognition of other state marriages - no doubt a pre-emptive strike against the Hawaii marriage case. 7) Requirement of a "liberal interpretation" - all inconsistencies are to work against gayfolk. And that's just what I saw typing it in. More analysis to come. - R'ykandar. ----- A LEGISLATIVE ACT BY THE PEOPLE OF THE STATE OF WASHINGTON AN ACT relating to how homosexuality will be viewed in law and in the public policy of the State of Washington. In this Act, homosexuality is defined as sexual desire for a person of the same gender, as determined by the individual's willingness to be openly self-identified with those desires, or sexual activity with individuals of the same gender. Be it Enacted by the People of the State of Washington New Section Section 1: THE MINORITY STATUS AND CHILD PROTECTION ACT. This act shall be known and cited as The Minority Status and Child Protection Act. New Section Section 2: A new section is added to chapter 49.60 RCW to read as follows: THE SPECIAL RIGHT OF MINORITY STATUS BASED ON HOMOSEXUALITY PROHIBITED. The People find that inappropriate sexual behavior does not form an appropriate basis upon which to construct a minority or class relating to civil rights. To identify oneself as a person who participated in or who expresses openly a desire for inappropriate sexual behavior, such as homosexuality, fails to constitute a legitimate minority classification. The People establish that objection to homosexuality based upon one's convictions is a Right of Conscience and shall not be considered discrimination relating to civil rights by any unit, branch, department or agency of state or local government. The People further establish that in the State of Washington, including all political subdivisions and units of state and local government, minority status shall not apply to homosexuality; therefore, affirmative action, quotas, special class status or special classifications such as "sexual orientation," "sexual preference," "domestic partnerships" or similar designations shall not be established on the basis of homosexuality. No public funds shall be expended in a manner that has the purpose or effect of promoting or expressing approval of homosexuality. This provision 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 standards as established through existing library review process. With regard to public employees, no agency, department or political subdivision of the State of Washington shall forbid generally the consideration of private lawful sexual behaviors as non-job related factors, provided that such consideration does not violate the provisions and purposes of this Act and that such factors do not disrupt the workplace. New Section Section 3: A new section is added to chapter 28A.150 RCW to read as follows: THE PUBLIC EDUCATIONAL SYSTEM SHALL NOT PROMOTE OR EXPRESS APPROVAL OF HOMOSEXUALITY. The People establish that no person representing the state educational system as an employee, student, volunteer or guest shall undertake any activity that would in any manner advise, instruct, teach or promote any child, student, or employee that homosexuality is a positive or healthy lifestyle, or an acceptable or approved condition or behavior. The educational system is to be in full compliance with chapter 49.60 RCW. New Section Section 4: A new section is added to chapter 26.33 RCW to read as follows: FOSTER PARENT STATUS AND ADOPTION BY PERSONS PARTICIPATING IN HOMOSEXUALITY PROHIBITED. The people find that there is a compelling state interest in placement of minor children, where at all possible, in sound, married, male-female households and that such children must never be placed in households where homosexuality is present in any manner whatsoever. Any person participating in homosexuality shall not become an adoptive, foster, or placement parent. The People further establish that, upon the dissolution of a marriage in which one of the natural parents or other legal classification of parent is participating in homosexuality, the minor child, wherever legally possible, will be placed in the custody of the parent not participating in homosexuality. Where both parents are unqualified, custody shall be awarded to the next closest natural relative; such as, grandparents, brothers or sisters, aunts and uncles and so forth. All consideration is to the well being of the minor child and it is the policy of the State of Washington that sound natural family relationships are the most important initial consideration that will maintain that well being. Where this is not possible an adoptive or foster parent situation is to be ensured. Every appropriate court and government agency in the State of Washington shall enforce the provisions of this section and, at all placement or custody proceedings, shall enter and maintain a written finding that the prospective custodial, adoptive, foster or placement parent does not participate in homosexuality. New Section Section 5: A new section is added to chapter 26.04 RCW to read as follows: MARRIAGE BETWEEN PERSONS OF THE SAME GENDER PROHIBITED AND NATURAL GENDER DEFINED. The People establish that same-gender marriages and domestic partnerships are hereby declared to be against public policy and shall not be legally recognized in any manner by any agency, department or political subdivision of the State of Washington. The State of Washington recognizes that the gender that is established at the conception of all persons is the only and natural gender of that person for the duration of their life. Any physical alterations to the human body do not affect the natural gender, known at birth or before, of any resident in the State of Washington. Any same-gender marriage or gender alteration obtained or recognized outside the State of Washington shall not constitute a valid or legal marriage or gender within the State of Washington. New Section Section 6: A new section is added to chapter 49.60 RCW to read as follows: ALL CONSTITUTIONAL RIGHTS PROTECTED FOR EVERY CITIZEN. In the State of Washington and its political subdivisions, no unit, agency, or department of government shall deny to private persons business licenses, permits, or services otherwise due under existing statues, nor deprive, nullify, or diminish the holding or exercise of any rights guaranteed by the Constitution of the State of Washington or the Constitution of the Untied States of America. New Section Section 7: SEVERABILITY AND CONSTRUCTION CLAUSE. The PEOPLE INTEND that, if any part of this enactment be declared unconstitutional by a court of competent jurisdiction, the remaining parts shall survive in full force and effect. This enactment shall in all parts be self-executing. In the event that a conflict arises between this legislation and any other provision of law, the policies and purposes of this Act shall govern. New Section Section 8: LEGAL STANDING. Any person residing in the State of Washington or non-profit entity doing business in this state has standing to bring suit to enforce the provisions and policies of this Act.