I thought I'd pass along this query from another list, in case
someone on this one may know the answer.

	Eugene

-----Original Message-----
From: conlawprof-bounces@lists.ucla.edu 
[mailto:conlawprof-bounces@lists.ucla.edu] On Behalf Of 
dpinello@jjay.cuny.edu
Sent: Wednesday, January 12, 2005 8:03 AM
To: ConLaw Prof
Subject: Popular Referenda and the Expansion of Minority Rights


I'm researching a book (titled America's Struggle over 
Same-Sex Marriage) and currently am in Oregon conducting 
interviews with participants in the Measure 36 campaign, one 
of the 13 ballot referenda last year placing 
one-man-one-woman limitations on the definition of marriage 
in state constitutions.

Yesterday, I met with someone affiliated with the Oregon 
Family Council who criticized the decision last March by the 
Multnomah County (Portland) Commissioners extending marriage 
licenses to same-sex couples.  The process, and not the 
substance, of their actions was the target of his lament, 
stating that the commissioners had not acted openly in making 
the policy choice and had not invited public participation.  
He then said, "The people are smart enough, fair enough, and 
wise enough to make important social policy decisions."

Later in the interview, he expanded on the thought:  "A well 
run initiative campaign by the gay community listing, say, 
the top 20 rights of marriage (intestate succession; visiting 
each other in the hospital; making medical-care decisions; 
etc.) might have worked.  They should have taken it to the 
people and said, 'Prove to us that you're not biased against 
homosexuals.  Prove your basic decency and fairness.  Look at 
these rights and acknowledge that they're appropriate for us 
to have.'  I think such a campaign would have done very, very 
well in Oregon."

I then asked him if he could provide examples from American 
history of statewide referenda that had the effect of 
expanding the rights of a disadvantaged minority.  He could not.

I have further interviews scheduled with supporters of 
Measure 36 and ask your help:  Are there instances of 
initiatives or referenda in the United States where voters 
indeed expanded the rights of minorities (racial, ethnic, 
disabled, etc.)?  My (superficial) knowledge is that they've 
only had the effect of contracting rights.

Dan Pinello
dpinello@jjay.cuny.edu


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