Sixth Circuit Thumbs Its Nose At Gays
by Diane Torrance
On October 23, 1997 the United States Court of Appeals for the Sixth Circuit handed down it's ruling in the Issue 3 appeal. Using logic which failed to acknowledge real discrimination against real people, the court upheld the ban on city ordinances which would protect the rights of gay, lesbian and bi-sexual people. In it's decision, the three judge panel said in essence that denying equal protection of the law at the municipal level was constitutional.
For those who may have missed it, some brief history. In 1992 Stonewall successfully lobbied City Council to institute a human rights ordinance which included protection for gays, lesbians and bi-sexuals from discrimination in employment and housing. In 1993 the radical right, with $390,000 donated from sources in Colorado, was able to place Issue 3 on the ballot. Issue 3 is a charter amendment which rescinded that protection and forebad the city from future ordinances protecting glb persons. Equality Cincinnati, a group made up of gay and supporting people fought an underfunded campaign. However, 63% of voters, many of whom were fooled by the term "special rights," passed the initiative.
In the wake of this defeat, attorneys appealed the charter amendment and Federal Judge S. Arthur Spiegel issued a permanent injuction against implementation. Supporters of Issue 3 appealed that decision to the U.S. Sixth Circuit Court which overruled Judge Spiegel's injunction. The attorneys appealed the Sixth Circuit ruling to the U.S. Supreme Court.
In the meantime, the Supreme Court already had a similiar case on it's docket. Colorado Amendment 2, which was worded almost identically to Issue 3, was overturned by the Supreme Court in 1996 because it violated the equal protection clause of the 14th Amendment to the United States Constitution. The court sent Issue 3 back to the Sixth Circuit to rethink their decision in light of the Supreme Court decision in the Colorado case.
The most recent ruling by the Sixth Circuit is notable for the use of the phrase "special rights" eleven times when referring to legal protection against discrimination in employment and housing for gays, lesbians and bi-sexuals. The court based it's decision on a campaign slogan.
So what's next? According to Al Gerhardstein, lead attorney in the fight against Issue 3, an appeal of the three judge panel's decision will be made to the full Sixth Circuit (15 judges). Should that fail, Gerhardstein and the other attorneys will once again take the appeal to the United States Supreme Court.
While we're waiting for the legal maneuvering, we have the opportunity to be proactive. The following steps can be taken by gay, lesbian, bi-sexual, transgendered and supporting people:
1. Be angry, be concerned, but don't be discouraged or give up. Many believe that the initial election vote against us does not accurately reflect the feelings of most voters toward gays and lesbians. The ballot language WAS confusing. The opposition was successful in wrongly characterizing the vote as one on "special rights." Many voters did not see the true issue as one of fairness. Poll after poll shows that most people are opposed to discrimination against gays and lesbians.
2. Speak out on Issue 3 (directly or indirectly) whenever you can. Cast your discussion in terms of fairness to overcome the "special rights" mind-set. Whether you are "out", still in the closet or just gay-friendly, speak up! This is an issue that affects everyone....gay and straight. It is an issue of discrimination, of fairness. Keep your ears open for facts and stories you can use to personalize the effects of Issue 3 such as job loss or housing loss with no possible legal help. "Come out" if you can.....all studies show that personalizing gay and lesbian people is the strongest tool we have for obtaining acceptance and support.
3. Join one or more gay and lesbian organizations. Take your pick. Membership is a way to stay informed about what is happening in our community, plus these groups provide a variety of educational, social, and support opportunities. Support them financially. Remember, they are representing YOU and providing YOU programs and activities. (When is the last time you personally wrote a letter of complaint to the news media for unfair coverage or filed a complaint with the Human Relations Commission over discrimination, or manned the phones for the hotline, or provided a safe meeting place for high school gay and lesbian students. Thought so. So at least financially support the organizations that are doing these things for you and your community! Remember, all these organizations are dependent on donated dollars and memberships!!!)
The Sixth Circuit Court has again thumbed it's nose at the GLBT community. The war is not over!
(contributions to this article by: Al Gerhardstein, Scott Greenwood and Tom Jones.)
