After Bitter Debate on Gay Rights, Maine Will Vote in Referendum onDiscrimination
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The only statewide civil rights referendum this year that affects homosexuals may be most striking for what it does not mention: homosexuality. On Tuesday, after a rancorous debate, Maine will become the latest state, and the first in the East, to vote on a ballot initiative that would both nullify and prohibit local laws protecting homosexuals from discrimination. But the Maine initiative, Question 1, differs from those approved in Colorado and defeated in Oregon and Idaho since 1992. Instead of excluding homosexuals from protected status, Question 1 asks whether civil-rights safeguards should be conferred solely on the basis of certain characteristics. Sexual orientation is pointedly excluded from that list. Supporters of Question 1 say this language reflects the fact that they are not trying to deprive lesbians and gay men of their constitutional rights, but rather seeking to limit the civil-rights umbrella to those readily identifiable groups that truly need protection. Opponents say the formulation of Question 1 is meant to mask its inherently discriminatory intent and confuse voters, adding that it could be interpreted broadly to deny protection to other groups that are not enumerated, like hunters, whistle-blowers and people who make workers’ compensation claims. Both sides say the vote is likely to be close. More than 60,000 people signed the petition to put Question 1, on the ballot. Whether it passes or not, Question 1 could be a precedent for initiatives around the nation. Colorado’s 1992 measure never took effect as it was subject to an immediate legal challenge, which was heard last month by the United States Supreme Court. “Our initiative seeks to uphold and protect those disadvantaged groups that have already achieved minority status,” said Carolyn H. T. Cosby, chairwoman of Concerned Maine Families and one of the authors of Question 1. “We’re already talking to other states about following our model.” That worries Patricia A. Peard, chairwoman of Maine Won’t Discriminate, a coalition opposing Question 1 that includes businesses, unions, religious organizations and elected officials, as well as lesbian and gay groups and AIDS groups. More : query.nytimes.com |