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Editorial: Ballot measures are no place for discrimination

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Failed initiatives had unwelcome echoes of the past

Oregonians can be thankful that groups pushing to overturn the state's civil union and anti-discrimination laws failed to qualify their initiatives for the ballot.

Come November, voters can concentrate on real issues rather than who their friends and co-workers choose to share their lives with.

Opponents of civil unions can argue - with some justification - that the secretary of state's office unfairly eliminated valid signatures in disqualifying their measure. But that's missing the larger point that voting on what fundamental rights we are going to grant other human beings is a misuse of democracy. In fact, it's exactly what the framers of the Constitution worried about when they spoke of the "tyranny of the majority."

Those who favor overturning the laws giving adults the same inalienable rights as any other law abiding, tax-paying citizens complain about the legislature and "activist judges" taking away the voters' voice. By their reasoning, the landmark civil rights laws and court decisions coming out of the '50s and '60s were wrong. After all, voters never got the chance to decide whether to ban segregation and discrimination.

It's not surprising that anti-equality activists would use the initiative system to push their pro-discrimination agendas, but it's particularly galling that elected representatives would take the lead in such efforts.

Rep. Kim Thatcher (R-Keizer) and Sen. Gary George (R-McMinnville) were the chief petitioners on an initiative to repeal Oregon's anti-discrimination law that prohibits employment, housing and public accommodations discrimination based on sexual orientation. Take note, the law protects everyone, same-sex or not. Would Thatcher and George be OK with a gay employer firing his straight employees simply because they're heterosexual?

It's a step back in time and a blight on our state's reputation when we have such pro-discrimination legislators. One is reminded of southern politicians who fought anti-lynching laws 50 years ago.

A little closer to home, Sen. Fred Girod (R-Stayton) was the co-sponsor of an initiative to deny homosexuals civil rights by overturning the state's domestic partnership law passed in 2007 by state legislators.

When California legalized gay marriage last year, the first couple issued a license, Del Martin, 87, and Phyllis Lyon, 83, had been together for 50 years. Does society benefit by denying committed couples such as Martin and Lyon the same rights enjoyed by heterosexual couples? Imagine spending 50 years with your mate and then being denied hospital visitation rights because you're not "family."

Conservatives such as Girod and Thatcher talk a good game about government staying out of people's private lives, but perhaps they just mean people like themselves.

Portland recently elected its first openly gay mayor, Sam Adams, by a wide margin over his challenger. It's encouraging that Adams' sexual orientation was not much of an issue in the race. Perhaps our elected representatives can learn from that, move on and stop corrupting the initiative process with such divisive measures that benefit no one.

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