Oregon Ballot Measure 9 (2000)
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Oregon Ballot Measure 9 was a 1992
citizens' initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
concerning LGBT rights in the state of Oregon. It sought to amend the
Oregon Constitution The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights.
to prohibit
anti-discrimination law Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
s regarding
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and to declare
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
to be "abnormal, wrong, unnatural, and perverse". Listing homosexuality alongside pedophilia and
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, it has been described as one of the harshest anti-gay measures presented to voters in American history. The initiative was an effort of the Oregon Citizens Alliance (OCA), a conservative group active in Oregon politics in the 1990s. It was defeated in the 1992 general election, receiving 44 percent of the vote. The OCA went on to successfully sponsor similar initiatives in several Oregon counties where a majority of voters had supported Measure 9. The
Oregon Legislative Assembly The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...
eventually overruled these local measures. Opposition to Measure 9 formed the basis of much of the gay rights movement in Oregon.


Political context

The ballot measure was an effort of the Oregon Citizens Alliance (OCA), a conservative group affiliated with the Christian Coalition that was active in Oregon politics in the 1990s. In 1991, OCA Chairman Lon Mabon announced an "Abnormal Behaviors Initiative" that would seek to prevent state and local governments from "condoning or promoting" homosexuality along with
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, bestiality, or pedophilia. Supporters of the eventual ballot measure felt that their traditional values were under siege in the face of growing acceptance of
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
by society. Opponents stated that the measure was unfairly discriminatory, that it was unconstitutional, and that it demonstrated the
homophobia Homophobia encompasses a range of negative attitude (psychology), attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, h ...
and bigotry of its backers. The campaign for Measure 9 occurred in the midst of national discourse around "
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" and an
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in which incumbent president
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
sought to appeal to socially conservative voters. At the 1992 Republican National Convention, conservative commentator
Pat Buchanan Patrick Joseph Buchanan (; born November 2, 1938) is an American paleoconservative political commentator, columnist, politician, and broadcaster. Buchanan was an assistant and special consultant to U.S. Presidents Richard Nixon, Gerald Ford, an ...
gave a speech saying, "There is a religious war going on in this country. It is a
cultural war A culture war is a cultural conflict between social groups and the struggle for dominance of their values, beliefs, and practices. It commonly refers to topics on which there is general societal disagreement and polarization in societal value ...
..this is a war for the soul of America". Bush stated his opposition to
anti-discrimination law Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
s protecting sexual orientation, while his opponent
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expressed support for LGBT rights. In response to a question at a campaign event in
Portland, Oregon Portland (, ) is a port city in the Pacific Northwest and the largest city in the U.S. state of Oregon. Situated at the confluence of the Willamette and Columbia rivers, Portland is the county seat of Multnomah County, the most populous co ...
, Clinton defended homosexuals' right to "live their lives and make a contribution to the rest of us". The OCA used the slogan ''No Special Rights'' to imply that LGBT people wanted social advantages (" special rights") rather than mere equality. In this and similar campaigns, homosexuality was portrayed as a choice rather than an innate characteristic, one that did not deserve protection. The campaign also made extensive use of a video titled ''The Gay Agenda'' produced by a California
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group, featuring scenes from
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s chosen to portray gay men as hypermasculine and threatening. Another film titled ''Gay RightsSpecial Rights: Inside the Homosexual Agenda'' (1993), produced by the
Southern Baptist Convention The Southern Baptist Convention (SBC) is a Christian denomination based in the United States. It is the world's largest Baptist denomination, and the largest Protestant and second-largest Christian denomination in the United States. The wor ...
, also circulated in the state.


Reception

Republican Senator and evangelical Christian
Mark Hatfield Mark Odom Hatfield (July 12, 1922 – August 7, 2011) was an American politician and educator from the state of Oregon. A Republican, he served for 30 years as a United States senator from Oregon, and also as chairman of the Senate Appropr ...
opposed the measure, as did Oregon's most prominent newspapers. Opponents outspent the OCA six to one. On September 10, 1992, the grunge-rock band
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played a benefit concert titled, "No on #9" in opposition to the measure. It was ultimately defeated with 44 percent of the vote.


Legacy

Although the measure failed, its legacy can still be seen today. The OCA would go on to back the 1994 Oregon Ballot Measure 13, which would have prevented schools from using materials that were deemed to "legitimize homosexuality", and the 1994 Oregon Ballot Measure 19. They also backed another measure numbered 9 ("son of 9") in 2000. All these were unsuccessful. Another response of the OCA was to place laws similar to Measure 9 on local ballots in the parts of Oregon where a majority of voters had supported Measure 9. They succeeded in this effort in Josephine,
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,
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, and
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counties, as well as in
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and Junction City. The state legislature eventually overruled these local measures. Opposition to Ballot Measure 9 formed the basis of much of the current
gay rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 3 ...
movement in Oregon, including the organization Basic Rights Oregon.


Full text

Be it Enacted by the People by the State of Oregon: PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article I and to read: SECTION # This state shall not recognize any categorical provision such as "sexual orientation," "sexual preference," and similar phrases that include homosexuality, pedophilia, sadism or masochism. Quotas, minority status, affirmative action, or any similar concepts, shall not apply to these forms of conduct, nor shall government promote these behaviors. # State, regional and local governments and their properties and monies shall not be used to promote, encourage, or facilitate homosexuality, pedophilia, sadism or masochism. # State, regional and local governments and their departments, agencies and other entities, including specifically the State Department of Higher Education and the public schools, shall assist in setting a standard for Oregon's youth that recognizes homosexuality, pedophilia, sadism and masochism as abnormal, wrong, unnatural, and perverse and that these behaviors are to be discouraged and avoided. # It shall be considered that it is the intent of the people in enacting this section that if any part thereof is held unconstitutional, the remaining parts shall be held in force.Oregon Voters' Pamphlet, November 3, 1992
, p. 93, hosted at th
Benton County Elections Division website
.


See also

* * * * * List of Oregon ballot measures


References


Further reading

* * * {{Oregon legislation LGBT law in the United States 1992 Oregon ballot measures 1992 in LGBT history LGBT in Oregon Initiatives in the United States