List of US ballot initiatives to repeal LGBT anti-discrimination laws
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US ballot initiatives to repeal LGBT anti-discrimination laws are
anti-LGBT Anti-LGBT rhetoric comprises themes, catchphrases, and slogans that have been used against homosexuality or other non-heterosexual sexual orientations in order to demean lesbian, gay, bisexual, and transgender (LGBT) people. They range from t ...
initiatives used to target and repeal
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
anti-discrimination laws Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
in the United States. These efforts started in 1972 and continue through at least 2018 on the state and local level. The person most associated with leading these efforts is Anita Bryant. After her most of this work to re-allow government discrimination are from organizations.


History

Jurisdictions in the United States began outlawing discrimination on the basis of sexual orientation in 1972, when
East Lansing, Michigan East Lansing is a city in the U.S. state of Michigan. Most of the city lies within Ingham County with a smaller portion extending north into Clinton County. At the 2020 Census the population was 47,741. Located directly east of the state capital ...
, passed an ordinance forbidding discrimination based on "affectional or sexual preference". In response, opponents began organizing campaigns to place measures on their local ballots to repeal these anti-discrimination laws. The repeal movement found a national spokesperson in Anita Bryant, who helped found—and served as president of—
Save Our Children Save Our Children, Inc. was an American political coalition formed in 1977 in Miami, Florida, to overturn a recently legislated county ordinance that banned discrimination in areas of housing, employment, and public accommodation based on sexua ...
. Save Our Children organized in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
in 1977 in response to the passage by the Dade County Commission of an anti-discrimination ordinance. Bryant's campaign was successful; the Miami-Dade ordinance was repealed by a greater than two-to-one margin. Repeal campaigns, building on this success, spread nationally and several other ordinances were repealed. In California in 1978, conservative state senator John Briggs sponsored Proposition 6, which would have barred gay and lesbian people from working in a public school. The defeat of this measure, and of an ordinance repeal measure in
Seattle, Washington Seattle ( ) is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With a 2020 population of 737,015, it is the largest city in both the state of Washington and the Pacific Northwest region ...
, the same day, stalled the momentum of the repeal forces. The mid-1980s and early 1990s saw a resurgence in ballot initiatives, culminating in proposed state constitutional amendments in Oregon and Colorado not only to repeal existing anti-discrimination ordinances but to proactively prohibit the state and any local unit of government within the state from ever passing such an ordinance. Oregon's Measure 9, sponsored by the
Oregon Citizens Alliance The Oregon Citizens Alliance (OCA) was a conservative Christian political activist organization, founded by Lon Mabon in the U.S. state of Oregon. It was founded in 1986 as a vehicle to challenge then–U.S. Senator Bob Packwood in the Republican p ...
, failed, but Colorado's Amendment 2 passed. Amendment 2 was declared unconstitutional by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in its 1996 ''
Romer v. Evans ''Romer v. Evans'', 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws.. It was the first Supreme Court case to address gay rights since ''Bowers v. Hardwick'' (1986),. when the C ...
'' decision. Oregon and two other states, Idaho and Maine, had initiatives between the passage of Amendment 2 and the Court decision; all three were defeated but many municipalities within Oregon passed local measures. As the question of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
has risen to greater prominence, opponents of such marriages have turned their attention to passing constitutional amendments barring individual states from legalizing same-sex marriages or recognizing such marriages performed in other jurisdictions. These amendments are listed
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. Before the marriage issue arose, some jurisdictions had begun providing limited rights and benefits to same-sex domestic partners. These ordinances also became targets of repeal efforts, with repeal supporters meeting with less success. Since the 2015
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
ruling in the case of ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'', the prominence of LGBT anti-discrimination laws became the top priority of
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender ( LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, ...
activists. One of the most controversial, recent, and largest repeal effort was Proposition 1 in Houston, Texas.


Ballot initiatives


Statewide level

The mid-1980s and early 1990s saw a resurgence in ballot initiatives, culminating in proposed state constitutional amendments in Oregon and Colorado not only to repeal existing anti-discrimination ordinances but to proactively prohibit the state and any local unit of government within the state from ever passing such an ordinance. Oregon's Measure 9, sponsored by the
Oregon Citizens Alliance The Oregon Citizens Alliance (OCA) was a conservative Christian political activist organization, founded by Lon Mabon in the U.S. state of Oregon. It was founded in 1986 as a vehicle to challenge then–U.S. Senator Bob Packwood in the Republican p ...
, failed, but Colorado's Amendment 2 passed. Amendment 2 was declared unconstitutional by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in its 1996 ''
Romer v. Evans ''Romer v. Evans'', 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws.. It was the first Supreme Court case to address gay rights since ''Bowers v. Hardwick'' (1986),. when the C ...
'' decision. Oregon and two other states, Idaho and Maine, had initiatives between the passage of Amendment 2 and the Court decision; all three were defeated but many municipalities within Oregon passed local measures.


Local level

After failing to pass Measure 9 in 1992, OCA turned its attention to passing anti-discrimination bans at the county and municipal level. Couching the debate in terms of forbidding LGBT people from receiving so-called "special rights", OCA sought not only to block ordinances in these communities but to bar them from spending money to "promote homosexuality". OCA was successful in passing over two dozen initiatives. However, in 1993 the Oregon Legislative Assembly passed a law prohibiting local governments from considering LGBT rights measures so the ordinances had no legal force. The
Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate Court of Appeals, appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem, Oregon, Salem. Except for death penalty cas ...
upheld the state law in 1995. Two weeks after the United States Supreme Court ruled in ''Romer'', OCA suspended its efforts for a third statewide ballot initiative.


Domestic partnership repeal initiatives


See also

*
LGBT rights in the United States Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly si ...


Further reading

* Faderman, Lillian (2007). ''Great Events From History: Gay, Lesbian, Bisexual, and Transgender Events, 1848-2006''. Salem Press. . * Keen, Lisa and Suzanne B. Goldberg (2000). ''Strangers to the Law: Gay People on Trial''. University of Michigan Press. . * Murdoch, Joyce; Price, Deb (2001). ''Courting Justice: Gay Men and Lesbians v. the Supreme Court''. New York, Basic Books. . * Rutledge, Leigh (1992). ''The Gay Decades''. New York, Penguin. . * Shilts, Randy (1982). ''The Mayor of Castro Street: The Life and Times of Harvey Milk'', St. Martin's Press. . * Vaid, Urvashi (1995). ''Virtual Equality: The Mainstreaming of Gay & Lesbian Liberation''. New York, Anchor Books. .


References

{{DEFAULTSORT:Ballot Initiatives LGBT-related lists History of LGBT civil rights in the United States LGBT rights in the United States Discrimination against LGBT people in the United States United States law-related lists LGBT law in the United States