Neff: Stop putting gay rights to a vote
My first years as a reporter I covered elections in New Hampshire, and I got a hands-on tutorial in direct democracy.
Sure, voters in New Hampshire go to the polls and cast ballots for candidates of choice in the ordinary manner.But many voters also gather in halls or local gymnasiums in the early spring for town hall meetings — lengthy affairs in which citizens approve a budget and vote up or down, usually with much discussion, questions on a range of issues — from white-washing town hall to opposing war, creating affordable housing, guaranteeing healthcare, expanding access to education and banning nukes.
The debates were inspirational. The level of citizen involvement was amazing. I remember asking why more issues were not decided by direct democracy, by a vote of the people.
I wrote a column then about New England town meeting politics and referenda. I know the forums and initiatives are not new, but they were new to me. I had grown up in the Chicago area in the era of machine politics. My editor put a headline on my column referring to me as a “rube,” not really flattering, but accurate in hindsight.
I became fascinated with the concept of voting on issues, town meeting referendums, ballot initiatives and questions.
Got a cause, hold a vote.
“Rube” was right, a naïve, inexperienced person.
But I became a jaded journalist in a few short years, and I got a personal tutorial in direct democracy damage. I had known machine politics. I came to know the electoral activism of New England politics. Then, with a change of locale and a change of job, I got to know all about the big-money anti-this, anti-that initiative.
Initiatives had once been the tool of progressives seeking to counter the money-influence in legislative chambers — the idea was to defeat the special interest groups by the power of the people.
Initiatives increasingly seem the tool of conservatives seeking to roll-back, deny or withhold rights.
This week, as I think about the questions voters will face not at town hall forums but at the polls Nov. 4, I am reminded of a statement by William Jennings Bryan from 1920:
“We have the initiative and referendum. Do not disturb them. If defects are discovered, correct them and perfect the machinery. Make it possible for the people to have what they want. We are the world’s teacher in democracy. The world looks to us for an example. We cannot ask others to trust the people unless we ourselves are willing to trust them.”
I think of this as I consider the 152 ballot questions facing voters in 36 states on election day. Many of the questions seek to address social issues and 60 of them were placed on the ballot by citizen initiative.
Do you, voters are being asked in California, Arizona and Florida, want to amend the state constitution to ban same-sex marriage?
Do you, voters are being asked in Arkansas, want to ban people cohabitating outside marriage from adopting children?
Do you, voters are being asked in Colorado and South Dakota, want to ban abortion?
Do you, voters are being asked in Colorado and Nebraska, want to eliminate affirmative action?
Do you, voters are being asked in Colorado, want to diminish labor unions by prohibiting the deduction of union dues from public employee paychecks?
Do you, voters are being asked in Arizona, want to prohibit universal healthcare programs? Protect payday loan businesses?
Do you, voters are being asked in Missouri, want to pass a constitutional amendment requiring English be spoken at all government meetings?
A search for progressive issues on ballots finds too few across the country — and the interests seem more with protecting domestic animals than people. There is a real possibility that in California, the vote will be to ban gays and lesbians from marrying and another vote will require a more humane treatment of pregnant pigs, calves and hens by mandating a minimum living space.
Please, don’t get me wrong — I support the animal rights matter, known as Proposition 2. I just wish I could count on more support for humane treatment of people.
Over the years, a number of anti-gay measures have been put to a vote — 29 out of 30 propositions to define marriage as the union of one man and one woman have passed.
“We cannot ask others to trust the people unless we ourselves are willing to trust them,” Jennings said.
I am afraid, today, I don’t trust the people, and I miss the innocence of being a rube, when I felt so passionate about got a cause, hold a vote.





Not just gay rights. The rights of any group of people whose lifestyle presents no danger to society should not be put to a vote. It does not matter how objectionable the majority thinks their lifestyle is.
Voting on People’s Rights to me is Un-American – Period! The words “Liberty & Justice for All” have become, just that – words…EMPTY WORDS!
I don’t trust the people either, at least not for core issues involving human rights. LGBT folks are a small minority (except maybe in Ptown and San Francisco). But, the rights of the minority should not depend on the largess of the majority. This was understood by the writers of the Constitution in the 18th century. When I hear the president and right-wing politicians ranting about ‘activity judges’ we should be reminded of this fact. And, we should wonder if we might still have segregation in education, for example, if that issue had been left to a direct popular vote in each state. The older I get the more angry I get that our basic rights should be left to a referendum.
The masses are asses. For example: the concept of direct rule by the people worked out really well during the bloody French Revolution, didn’t it?
Now, it’s our turn to have our heads put back on the chopping block by this exercise in “pure” democracy via Prop 8 in California.
God save us from the “will of the people”. “The People” usually consists of an immense and irrational frightened herd that can be easily stampeded in any direction by the sound of the loudest gun.
And we all know how that scenario usually works out for the GLBT community
~ Bud Evans
I’ve been arguing this for years with some of my neighbors. There is absolutely no reason for all the people of a state to vote on gay marriages or anything that doesn’t involve them. The Constitution of the US already provides the answer.
When it comes to human rights, the mantra “got a cause, hold a vote” is not good enough for a country who prides itself on leadership in democracy. Would civil rights legislation have ever passed if left to a vote. Ibsen said that the majority never has right on its side. Some issues are far too important to leave to majority rule.
The problem with democracy (ever since the Greek Wars) has been a pretty simple one.
“People,” as Beckett’s Estragon observes, “are bloody ignorant apes.”
While the folks who demand we put our peoples’ civil liberties up for a vote are bigots, it is the clueless, spineless, and feckless DEMOCRATIC PARTY that enables them. The majority will always try to bully the minority into submission. That’s when we desparately need leadership. Unfortunately, all the American Democrats – being the weak and ineffective cowards they are – have to say about that is: “The American people are better than that.”
No, they’re not. Which is why we need you to get off your lazy donkey behind and do something!
When the Catholic Church submitted signatures from two million Spaniards demanding a referendum on the proposed same-sex marriage legislation in 2005, President Zapetaro – after a short consultation with the King – promptly tossed those signatures into the trash. Opinion polls leading up to the adoption of same-sex marriage in South Africa showed that 75% of South Africans opposed same-sex marriage (with around 60% backing a constitutional amendment to forbid the practice). The ruling ANC took these poll numbers and, you guessed it, tossed them in the trash.
I agree with everyone’s comments, so far. BUT…. What do we do about it??
I’ve been saying essentially the same thing for years. There are simply some things that should not be left up to majority vote. Non-discrimination is one of them. In the United States, equality under the law should be a given. It’s not. Lawmakers need to step up to the plate and have the courage to say, “enough is enough”. Government is supposed to protect the minority from tyranny by the majority. Where did we ever get the idea that discrimination by popular vote is acceptable?
Dear Bigoted organizations/individual,
I first would like to say, shame on you! Shame on your organization(s) for spending so much money to tear apart families in California instead of putting that $409,000 (Concerned Women of America) or 9 million dollars (Mormons) to better uses like feeding the hungry, helping the homeless and other issues of importance. It amazes me that an organization that claims it has “concerns for America” dumps so much money that would be better put to use. Besides, shouldn’t you be happy for 2 consenting loving adults? Marriage is safe and “should not be in any jeopardy” as you continuously preach.
I am a gay woman in New York who is very involved in helping others as I believe the Lord G-d would want it that way. Learn to spread more love and less intolerance/bigotry/hatred. Besides, Jesus walked with those you refuse to.
Spend less time judging and more time loving for that is one of G-ds most precious commandments/gift to the world.
Stand up against hate, vote no on 8!
Discrimination is wrong to do, vote no on 2!
When there is a Constitutional Amendment, isn’t there a way to fight it for being unjust and just plain wrong?
Why aren’t more people in our community getting extremely angry at our rights being voted away by people who despise us? Besides, many do not oppose same sex marriage but rather it is the bigoted groups getting there masses and others riled up.
We must come together as a people and demand that we have equality. We work the same, pay taxes the same (actually a lot more), help our communities, defend America etc.
Enough is enough.
Keep a smile on your face and love in your heart!
My rights are not predicated upon public opinion. That’s what inalienable means.
I am old enough to remember when the Federal Governement stepped in and forced all states to recognize interracial marriages. At the time, something like 80% of the population was opposed to interracial marriage on religious grounds. But the Constitution guarantees that all citizens have the exact same rights as all other citizens.
Article four of the Constitution requires all states to recognize contracts from other states. Marriage is just that, a contract. How can it be that I could enter into a contract with my wife if I were a man, but I can’t because I am a woman. How is that not sexual discrimination– plain and simple?
We should be suing most of the states on behalf of our children– who suffer the results of this unconstitutional discrimination. But the world has gone so crazy, that a black man runnining for president is advocating separate but equal for the gay community. I also remember the Supreme Court ruling that separate but equal is unconstitutional.
I guess the Constitution just isn’t worth the paper it is written on anymore.
The Republican Party used to drape itself in the Constitution; now they wrap themselves in the flag. I assume that is because there is nothing written on the flag.
It seems to me that if the California Supreme Court ruled that our constitution DEMANDS equality in marriage for all, that the constitution must also provide recourse against Prop 8. If Prop 8 passes, why can’t the California Supreme Court OVERRULE the people in this matter, since the PEOPLE would be wrong! How many times must we win the same battle, civil rights for all? The conservative Christian clans should hang their heads in shame; trodding on others in order to uphold their “beliefs.” SEPARATION OF CHURCH AND STATE. Period. Imagine, all the good your wasted millions could have done for those in need. “Do unto others….” your time is coming.
Bah. Democracy is 3 wolves and a sheep deciding what to have for dinner.
One of the worst days of my life was the 2004 Presidential State of the Union address when “W” encoruaged the citizens of the United States to discriminate against Gays and Lesbians by proposing aminding constitutions accross the US.
That event left me depressed for weeks. So much I had to seek medical help. To see the American President encourage discrimination. To justify it and endorse it was a horrible day.
If civil rights and woemens rights had been put to a vote, we would still have slaves and women would still be banished to the kitchen.