From: blough@tigger.cs.Colorado.EDU (Eric Blough)
Subject: EPOC Flyer on Amendment 2
Followup-To: amend2-discuss@cs.colorado.edu
Organization: University of Colorado, Boulder
Distribution: usa
Date: Thu, 12 Nov 1992 21:54:02 GMT

Following is a flyer from EPOC (Equal Protection Colorado, the
organization which fought the amendment and is now one of the
organizations challenging it).

The flyer dates from March of this year.  For the benefit of
non-Coloradans:  U. of Colorado Coach Bill McCartney (question 15) is 
on the CFV committee, and has frequently condemned homosexuality
publically.

----------------------
20 Questions about the Colorado for Family Values Initiative

1. What is the status of gay rights in Colorado?

Aspen, Boulder and Denver have ordinances protecting gays and lesbians
from job and housing discrimination when that discrimination is based
solely on sexual orientation. The Aspen City Council adopted its
anti-discrimination ordinance Nov. 28, 1977. Boulder voters approved
an ordinance Nov. 3, 1987. The Denver City Council adopted an
anti-discrimination ordinance Oct. 15, 1990, and the voters upheld it
May 21, 1991.

2. Have gay rights been otherwise extended in Colorado?

On Dec. 10, 1990, Gov. Roy Romer signed an Executive Order protecting
state executive branch employees from discrimination based on sexual
orientation. Likewise, a growing number of businesses extend
non-discrimination protection to employees. Among them are U.S. West,
AT&T, Kodak, Coors, Sears, StorageTek and Digital, to name a few.
More than 100 cities across the country have similar laws, including
Ann Arbor, Atlanta, Baltimore, Columbus, Detroit, Iowa City,
Minneapolis, Raleigh, Sacramento, Seattle, Tucson, and Washington,
D.C. And five states, Connecticut, Hawaii, Massachusetts, New Jersey
and Wisconsin, have statutes prohibiting sexual orientation
discrimination.

3. Exactly what is covered by anti-discrimination ordinances?

Typically, such ordinances protect against discrimination in
employment, housing and public accommodations. That means a gay or
lesbian can still be fired for poor job performance but not because of
sexual orientation. It also means a gay person can still be evicted
for not paying rent or for violating a lease agreement, but cannot be
denied access to housing or evicted because of sexual orientation.

4. What is the definition of sexual orientation?

Sexual orientation refers to the status of an individual as to their
heterosexuality, homosexuality or bisexuality. It is an orientation
established by one's psychological, emotional and affectional
disposition. Orientation is not determined by engaging in any
particular sexual act. Just as heterosexuals are aware of their
orientation whether any relationships develop or not, many lesbians
and gay men know themselves to be homosexual before they ever have
relationships. Current research on the brain is beginning to
concretely identify the origin of sexual orientation.

5. What does the proposed Colorado for Family Values amendment say?

It would amend Article 2 of the Colorado Constitution by the addition
of Section 30, which states: NO PROTECTED STATUS BASED ON HOMOSEXUAL,
LESBIAN OR BISEXUAL ORIENTATION. Neither the State of Colorado,
through any of its branches or departments, nor any of its agencies,
political subdivisions, municipalities or school districts, shall
enact, adopt or enforce any statute, regulation, ordinance or policy
whereby homosexual, lesbian or bisexual orientation, conduct,
practices or relationships shall constitute or otherwise be the basis
of, or entitle any person or class of persons to have or claim any
minority status, quota preferences, protected status or claim of
discrimination. This Section of the Constitution shall be in all
respects self-executing.

Put simply, this amendment says that no town or other governmental
subdivision will ever be allowed to vote on the matter of
non-discrimination for gay and lesbian people. And if anybody voted on
it in the past, such vote is cancelled, voided, over-turned.  Nothing
this negative against basic civil rights (jobs, housing, public
accommodations) has ever been tried in the United States.

6. Who is behind the attempt to amend Colorado's Constitution?

The effort is being spearheaded through a Colorado Springs-based group
called Colorado for Family Values (CFV). It is an offshoot of the
Traditional Values Coalition a national anti-gay organization based in
Anaheim, CA.  Members of CFV's executive and advisory boards represent
fundamentalist, right-wing groups such as the TVC, Focus on the
Family, Concerned Women for America, Summit Ministries and the Eagle
Forum.

7. What effect would the proposed constitutional amendment have on
   home rule cities such as Denver and Boulder?

The amendment is a direct attack on home rule autonomy.  Two-thirds of
all Coloradans live in home rule cities. Under the Colorado
Constitution home rule cities are empowered to address the needs of
their residents as they see fit. Denver, Boulder and Aspen are all
home rule cities that have enacted anti-discrimination ordinances.
Passage of CFV's proposed amendment would repeal those ordinances.

8. Why does CFV want to amend Colorado's Constitution?

CFV wants to permanently legalize discrimination against gays and
lesbians. That is why CFV wants to meddle with the Constitution rather
than letting the issue be debated and resolved at the local or state
level. A sister group (Oregon Citizens Alliance) is trying to do the
same thing to the Oregon Constitution.

9. Is the proposed amendment constitutional?

Probably not. It would write discrimination into the Colorado
Constitution. It singles out gays and lesbians as a class that would
never be protected by antidiscrimination laws. This violates the equal
protection clause of the 14th Amendment to the U.S. Constitution.

10. If the proposed amendment may be unconstitutional, then why are we
    likely to vote on it in November?

In Colorado, the people have the right to initiate legislation and,
therefore, may petition to create or change any law.  The separation
of powers doctrine prevents the courts from reviewing the legality of
legislation until after it has been adopted. In this case, the courts
would not act until after the proposed amendment was passed by
majority vote in an election.

11. What is the point of the horror stories CFV uses in their
    campaign?

Opponents of anti-discrimination laws often tell wild or obscure tales
as if they were the norm. Such stories are meant to play on people's
fear. When CFV supporters were circulating petitions to get the
proposed amendment on the November ballot, they often told people,
Without this amendment, our very church will be forced to hire gay
Sunday school teachers... and our preacher can be jailed if he speaks
out against homosexuality.  These arguments are not even close to
true. Rather than foster an informed discussion about the societal
value of non-discrimination, CFV seems intent on creating a stampede
of prejudice through exaggeration, distortion and lies.

12. As the CFV committee says, why should there be protection of
    people with above average incomes?

They refer to a survey that suggests gays and lesbians make above
average incomes. Whether it's true or not, it's not relevant. Who else
loses basic rights when their income reaches a certain level? Nobody.
This is another smokescreen argument made by a committee headed by a
millionaire with Colorado's highest paid public employee (Coach
McCartney) serving on it. It is difficult to determine workplace
statistics about gay people anyway because a majority of them pass and
do not let their fellow workers know their orientation because of fear
of discrimination, harassment and violence.

13. Are certain entitles exempt from gay rights laws?

Yes. Religious institutions always are exempted, and are free to
follow their own biblical interpretations. Churches, for example,
knowingly can refuse to hire gays or lesbians. Stories to the contrary
are just that stories. Similarly, under Denver's ordinance, a person
with rental space in his/her home or duplex does not have to rent to a
gay or lesbian. And employers with fewer than 20 employees likewise
are free to discriminate.

14. What legal arguments can we expect CFV to use in its campaign?

They frequently cite two Supreme Court cases, Bowers vs. Hardwick, and
San Antonio Independent School District v. Rodriguez. Neither case
supports their arguments.  Legal experts have looked at their
literature and agree that they misinterpret precedent, and ignore some
of the fundamental flaws with their amendment as drafted. If the
amendment were to be adopted by the voters in November, then it would
be up to the courts to sort through the complex legal issues
presented. The important point to remember is that if adopted, this
amendment would certainly be tied up in litigation for some time, and
at considerable expense to the State.

15. Can CU Coach Bill McCartney continue to speak out?

Coach McCartney has the right to speak his mind on any topic; no one
would deny him his First Amendment right to free speech. The
University of Colorado has a policy against using one's title or
position to advertise non-university related business or enterprise.
An investigation into his remarks determined that the policy was not
violated, but he was cautioned about using the university as a CFV
platform in the future. The cries of CFV that the politically correct
climate of the Boulder campus censored him are false. Since his free
speech was never in danger, it is possible that CFV has used the First
Amendment furor to distract attention from the embarrassment of the
Coach's remarks.

16. How are gays and lesbians discriminated against?

Gays and lesbians, like other minorities, often face discrimination in
hiring and promotion, in on-the-job harassment, in housing, and in
denial of services offered to other members of the public. They are
also targets of hate crimes.

17. What are hate crimes?

Hate crimes are unlawful actions designed to frighten or harm an
individual because of his/her race, religion, ethnicity or sexual
orientation. These crimes range from verbal intimidation and
harassment, to damage of property, to physical violence and murder.
Hate crimes are motivated by a desire to terrorize both the victim and
the group of which the victim is a member. State and federal laws now
require that data on the incidence of hate crimes be collected and
published to aid law enforcement efforts and educate the public about
their frequency.

18. Are gay rights `special rights'?

Absolutely not. CFV would have people believe that gays and lesbians
are seeking special rights. But what is special about having a job, a
roof over one's head, and having fair access to public accommodations?
These are all basic civil rights, and there is nothing special about
them. Special is a campaign slogan for CFV and nothing more.

19. Is this like the civil rights struggles of any other minority?

When you hear the arguments about why gays and lesbians should not
have nondiscrimination protection, substitute the words "women" or
"blacks" or "Jews" for the word "gays". Would that be tolerated in
today's society?

20. Would CFV's proposed amendment be good for Colorado?

No! If CFV, backed by the national religious right movement, gets
discrimination against gays and lesbians written into the Colorado
Constitution, which minority group might be targeted next? Hispanics?
Blacks? Jews? Divorced people? People who haven't produced children?
What Coloradan wants to say, or even admit, that they live in a state
that legalizes discrimination? This is the 1990, not the 1890s. We are
made strong by our diversity. We are made weak by hate, prejudice and
intolerance. Denying rights is wrong. Repealing rights is wrong. This
amendment should be defeated.

Compiled by EPOColorado, March 1992

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