Statement of Position
Proposition 1

On November 6, 2001, the people of Traverse City will be asked to vote on an amendment to the City Charter which will make it unlawful for the City, its various councils, boards and commissions, to enact, adopt or enforce any law that grants "special minority or protected status, quota preference or other preferential treatment to homosexuals, lesbians or bisexuals based on orientation, conduct or relationship."

The ACLU of Northwest Michigan strongly opposes the adoption of this proposed amendment, known as Proposition 1, for several reasons.

First, the United States Constitution grants to both the federal and state government (municipalities) the authority to enact anti-discrimination laws. This authority is the basis for the federal and state civil rights laws. Thus, federal civil rights laws have been enacted to prohibit discrimination based on gender, race, age, marriage and disability. The State of Michigan also prohibits discrimination based on the additional categories of weight and height.

This proposed amendment, on the other hand, would take away the authority of the City Commission to enact certain anti-discrimination laws and in effect make it illegal to pass laws protecting gay, lesbian and bisexual people from discrimination in public places. It would legalize discrimination because it would prevent a group of citizens from receiving protection from discriminatory treatment and harassment. It is thus a kind of "super-law": a law designed to prohibit the passage of other laws at other times and in other circumstances. As such, it is blatantly anti-democratic. The sheer arrogance of the proposed amendment should offend the sensibilities of every person.

The sponsors of the amendment say they favor "equal rights not special rights," but their slogan is misleading. It is the proposed amendment that seeks to define persons of a minority sexual orientation as a "special class" by targeting members of that community from ever receiving the same rights as other citizens. There is nothing "special" about being gay, lesbian or bisexual except the fact that, as a class, they are not protected from discrimination. Should the amendment become law, the only "special" right that the gay community would enjoy is that its members would never be protected from discrimination in Traverse City.

Second, there is little doubt that discrimination based on sexual orientation exists in Traverse City. And there is no doubt that it constitutes a serious threat to the safety and general welfare of the community. Gay and lesbian persons, as well as non-gay people who are perceived to be members of the gay community, routinely experience harassment, hatred, and violence because of their sexual orientation. So long as they are mistreated because of this orientation, these persons need and deserve the protection of the law in Traverse City, as in any community that considers itself decent and compassionate.

Discrimination of any kind creates strife and unrest, and it deprives a community of its full capacity for development. Whether by throwing able persons out of work or good tenants out of their homes or tourists out of hotels and restaurants, discrimination is expensive not only because of lost profits and productivity but because of the negative image it casts upon everyone who lives and operates a business in such an environment. Such considerations should be joined with the ethical imperative that persons be judged on the basis of their character and ability, not on an arbitrary classification against which some people may have a particular dislike.

Finally, civil rights are integral parts of American law and culture, and stand as an inspiration to the oppressed and disenfranchised around the world. Civil rights laws never name groups; they name characteristics, attributes that people have. Everyone has a race, age, national origin, sex and a sexual orientation. Some of us find ourselves among the majority in every one of the categories defined by those characteristics; but many of us do not. It goes without saying that the victims of discrimination are always in the minority, and that the majority is seldom persecuted. According to our nation's heritage and traditions, persecution of any minority is wrong regardless of whether it violates the Constitution. As Martin Luther King, Jr., once observed: "Injustice anywhere is a threat to justice everywhere."

The horrendous events of September 11 have in many respects precipitated a crisis in American life. But they also generated a rededication to our ideals, a new sense of duty, and a call to tolerance. In this time of renewed pride in our nation, it would be no less than disgraceful for a community as good and enlightened as Traverse City to amend its charter making it unlawful to legislate to protect the freedom and dignity of gay, lesbian and bisexual persons, or minority persons of any kind or persuasion.

We respectfully urge the people of Traverse City to go to the polls on November 6 and vote "No" to defeat Proposition 1.

AMERICAN CIVIL LIBERTIES UNION • NORTHWEST MICHIGAN CHAPTER