Do you favor ratifying the action of the 119th Legislature whereby it passed an act extending to all citizens regardless of their sexual orientation the same basic rights to protection against discrimination now guaranteed to citizens on the basis of race, color, religion, sex or national origin in the areas of employment, housing, public accommodation and credit and where the act expressly states that nothing in the act confers legislative approval of, or special rights to, any person or group of persons?
The wording on the ballot of a referendum question often stirs up as much controversy as the issue itself, with advocates and opponents arguing endlessly and noisily about meaning and implications. Opponents of this measure have tried that tactic in this campaign and have utterly failed – Question 6 is about nothing other than ensuring basic civil rights to law-abiding citizens. It is not about special rights, it is not even close to the brink of a slippery slope.
The law voters are asked to ratify merely adds sexual orientation to the protections already afforded on the basis of race, religion, age and disability. The protections are explicit and easily defined – a gay or lesbian is not guaranteed a job, an apartment, a seat at a restaurant or a loan, but those things may not be denied just because a person is gay or lesbian.
Despite the fretting of opponents, nothing in the law even hints at special rights; special rights are, in fact, specifically excluded to the unprecedented extent of stating unequivocally that it provides no shield for those who commit sex crimes. The gay rights advocates who drafted this law worked carefully to make certain it laid no groundwork for quotas, affirmative action, mandatory same-sex partner benefits or gay marriage; they thoughtfully negotiated with the Catholic diocese on a provision that exempts religious organizations; they wisely avoided the militant stridency that has been present in other campaigns. Given Maine’s fitful, decade-long struggle with this issue gay-rights advocates should be commended for their patience; the elements of this law that limit its scope are a testament to their thoroughness.
Maine people also deserve credit for getting this issue this close to resolution. Once a taboo subject few people or sane lawmakers would bring up in public, the move to protect the basic rights of gays and lesbians has advanced, the dreadful turnout at the 1988 people’s veto referendum notwithstanding. Perhaps this is the result of watching other states, such as the rest of New England, adopt gay-rights protections. Perhaps it is because the avalanche of lawsuits and other dire consequences opponents always warn of have never developed anywhere.
Perhaps it is just because Maine people are decent people who, given time to reflect, realize that gays and lesbians are among the group of people who ought to be allowed to live their lives peacefully and without harassment. Especially when they realize that the gays and lesbians the law would protect just might be their sons or daughters, brothers or sisters, trusted friend or valued co-worker. Protecting the basic rights of those whose sexual orientation differs has been a long and difficult process for all. Voter approval of Question 6 will complete it.
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