Friday, November 14, 2008

"It is very disturbing that the No on 8 campaign continues to challenge the right of the majority to speak on this issue" Andrew Pugno, Yes on 8



I am so sick of the "will of the people" argument. Civil rights matters are NEVER left up to the will of the people, because the will of the people will always come down on the side of the majority at the expense of the minority. The founders recognized this. Many feared the "tyranny of the majority." That's why they set up our system as a REPUBLIC, not a democracy, along with the three branches of government to check and balance each other.

Below is a list of the major advances in civil rights in US history. All of these advances came about through either Presidential fiat, constitutional amendments passed by Congress and ratified by the state legislatures, acts of Congress, or court action. NOT ONE of these advances was put on a ballot. Most of these advances were vigorously, sometimes violently, opposed by the will of the people.

In California, our elected representatives in the legislature have addressed the issue of allowing same-sex couples to marry twice. Our Supreme Court has ruled that prohibiting same-sex couples to marry violates the equal protection clauses of the US and California constitutions. Even Governor Schwarzenegger publicly opposed Prop 8, and is calling for the Supreme Court to throw it out. All three branches of our government have come down on the side of protecting the civil rights of gay and lesbian Californians.

So let's cut to the chase. Marriage equality has nothing to do with parental rights, education, or the rights of churches. You either believe gays and lesbians are full citizens, who are entitled to equal protection under the law, or you don't.

1863: President Lincoln issues the Emancipation Proclamation.

1865: 13th Amendment abolishes slavery in the United States.

1868: 14th Amendment guarantees due process and equal protection for ALL citizens.

1870: 15th Amendment guarantees blacks the right to vote.

1920: 19th Amendment guarantees women the right to vote.

1954: Brown v. Board of Education of Topeka, Kansas. Supreme Court rules that segregated schools are unconstitutional.

1961: President Kennedy issues Executive Order 10925 which mandates that projects financed with federal funds take "affirmative action" to ensure that hiring and employment practices are free of racial bias.

1962: Bailey v. Patterson. Supreme Court prohibits discrimination in public transportation facilities.

1963: Equal Pay Act passed by Congress. Requires equal pay for equal work regardless of the employee's gender.

1964: Civil Rights Act of 1964 passed by Congress. Prohibits discrimination in voting, public accommodations, public facilities, education, federally-assisted programs, and employment.

1964: 24th Amendment abolishes the poll tax, which had been used by many southern states to prevent blacks from voting.

1965: Voting Rights Act of 1965 passed by Congress. Prohibits the denial or restriction of the right to vote, and prohibits discrimination in voting practices nationwide.

1965: President Johnson issues Executive Order 11246, which requires government contractors to take "affirmative action" toward prospective employees in all aspects of hiring an employment.

1967: Loving v. Virginia. Supreme Court rules laws prohibiting inter-racial marriage are unconstitutional.

1968: Congress passes the Civil Rights Act of 1968. Prohibits discrimination in the sale, rental, and financing of housing.

1969: President Nixon initiates the Philadelphia Order, which mandates timetables and goals to increase minority employment in construction jobs.

1971: Swann v. Charlotte Board of Education. Supreme Court rules that busing is a legitimate means of achieving school integration.

1978: University of California v. Bakke: Supreme Court rules that college admission standards which give preference to minorities are constitutional.

1978: Pregnancy Discrimination Act passed by Congress. Prohibits discrimination in employment based on a woman's pregnancy or intent to get pregnant.

1987: US v. Paradise. Supreme Court upholds earlier federal court decision requiring quotas for hiring minorities in the Alabama Department of Public Safety as the only means of correcting the department's "overt and defiant racism."

1988: Congress passes the Civil Rights Restoration Act and overrides President Reagan's veto. It expands the reach of non-discrimination laws into private institutions receiving federal funds.

1991: Congress passes the Civil Rights Act of 1991. Provides for damages in cases of intentional employment discrimination.

1990: Americans with Disabilities Act passed by Congress. Prohibits discrimination against disabled persons in employment, education, and access to public accommodations.

1993: Family Medical Leave Act passed by Congress. Gives employees the right to take time off from work to care for a newborn child or care for an ailing family member.

2003: Lawrence v. Texas. Supreme Court rules that laws criminalizing same-sex sexual activity are unconstitutional.

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