Charter Amendment One (Gainesville, Florida) Explained

Amendment 1
Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights
Yes:8382
No:11732
Total:20232
Electorate:75219
Notes:Source: Alachua County Supervisor of Elections[1]

Charter Amendment One was a citizen-led referendum defeated in Gainesville, Florida's city election on March 24, 2009.[2] Titled the "Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights," the measure would remove the legal protections not explicitly covered under the Florida Civil Rights Act of 1992, specifically with reference to sexual orientation and gender identity.[3]

The amendment was a key issue of debate in the elections and attracted national attention to social controversies in Gainesville, Florida that continued through the mayoral election in 2010.

The amendment was viewed as a test of LGBT rights in Florida following the passage of Florida Amendment 2 which banned same-sex unions the previous year.[4]

History

In January 2008, the Gainesville City Commission narrowly voted to add gender identity to the list of protected groups in its city discrimination ordinance.[5] Gainesville's discrimination ordinance forbids discrimination in access to public accommodation, housing, credit and employment for ten different categories.[6]

Going back to the early 1990s, the debate over LGBT rights in the area had been acrimonious. At a tumultuous June 1992 meeting culminating in the arrest of 15 protesters, the Gainesville City Commission voted 3-2 to oppose a proposed Alachua County anti-discrimination ordinance in a resolution equating homosexuality with "pedophilia, bestiality and necrophilia."[7] [8]

In March 1993, by a 3-2 vote, the Alachua County Commission passed the ordinance adding sexual orientation as a protected category on the county level.[9] [10] In response, a local anti-gay group called Concerned Citizens of Alachua County gathered signatures to overturn the law by referendum.[11] [12] [13] Two groups, No On 1 and Just Vote No, arose to fight the referendum but were badly outspent by the Concerned Citizens group.[14] [15]

After a contentious months-long campaign,[16] [17] [18] [19] the Alachua County ordinance was overturned by citizen referendum in the fall elections of 1994 by a vote of 57% to 43%.[20] [21] [22]

At the same election, a county charter amendment forbidding any similar anti-discrimination ordinances in the future passed with 60% of the vote.[23] Local activists challenged the ban in state court, with national legal organizations getting involved on both sides.[24] [25] In November 1996, following the U.S. Supreme Court's ruling in Romer v. Evans,[26] a judge threw out the amendment barring protection of gay people because it had no rational basis under the U.S. Constitution.[27] [28]

In 1998, after the makeup of the city commission changed following municipal elections, Gainesville city commissioners voted 3-1 to add sexual orientation to the city discrimination ordinance, a move which met with much less fervent opposition.[29] [30] [31]

After the 2008 passage of Gainesville's ordinance protecting transgender people from discrimination,[32] the Group Citizens for Good Public Policy organized a campaign to remove both gender identity and sexual orientation from the charter citing fears that loose gender laws would make it easier for men to infiltrate bathrooms designated for women and girls.[33] By July 2008, they had collected enough signatures to place a referendum on the 2009 city ballot.[34] [35]

Campaigns

Both proponents and opponents of the measure had assistance from interest groups. The PAC Citizens for Good Public Policy supported the measure with legal representation from the Thomas More Law Center, a conservative Christian law group.[36]

Observers noted that the sides and issues involved the campaign resembled those in the 1994 vote, with one exception.[37] The primary opposition arose from Equality is Gainesville's Business, which was represented in court by the American Civil Liberties Union[38] and received support from Lambda Legal, the NAACP, the League of Women Voters, and other organizations.[39]

Political Aftermath

In 2010, Gainesville's mayoral race featured Don Marsh, a conservative who had vocally supported Charter Amendment One, and Craig Lowe, a city commissioner who had voted in favor of adding gender identity to the city charter.[40]

A runoff election resulted in Craig Lowe being narrowly elected Gainesville's first openly gay mayor by a margin of 42 votes.[41] [42]

To express their opposition to Lowe's campaign, controversial Dove World Outreach Center displayed a sign reading "No homo Mayor" before amending the statement to read "No homo." The sign was modified after warnings that adopting a political stance could cause them to lose their tax-exempt status.[43]

Notes and References

  1. Web site: Official Results, Gainesville Regular Election. Alachua County Supervisor of Elections. August 10, 2011. dead. https://web.archive.org/web/20110927023920/http://elections.alachua.fl.us/objects/PDF/Election_Results/20090324_Gainesville_Summary.pdf. September 27, 2011. mdy-all.
  2. News: Word. Ron. Associated Press. Gainesville voters keep gay-rights law. Orlando Sentinel. March 25, 2009. May 1, 2022. B4. Newspapers.com.
  3. Web site: Sample Ballot, City of Gainesville. August 9, 2011. dead. https://web.archive.org/web/20110927023908/http://elections.alachua.fl.us/objects/PDF/Election_Results/20090324_Gainesville_Sample_Ballot.pdf. September 27, 2011. mdy-all.
  4. News: Kunerth. Jeff. Gays eye vote that imperils rights. Orlando Sentinel. March 24, 2009. May 1, 2022. C1,C4. Newspapers.com.
  5. Web site: Gallagher. Katie. City commission votes to make gender identity discrimination illegal. The Independent Florida Alligator. August 10, 2011.
  6. Web site: City Discrimination Ordinance. City of Gainesville Office of Equal Opportunity. August 10, 2011. dead. https://web.archive.org/web/20111011192142/http://www.gainesvilleequalopportunity.org/CityDiscriminationOrdinance.html. October 11, 2011. mdy-all.
  7. News: Glass. Jon. Gay-rights vote sparks skirmish in Gainesville. Miami Herald. June 5, 1992. April 30, 2022. 15A. Newspapers.com.
  8. News: Glass. Jon. Ku Klux Klan taunts gays at pride picnic. Miami Herald. June 29, 1992. April 30, 2022. 4B. Newspapers.com.
  9. News: Glass. Jon. Gay rights advocates win bout in Alachua. Miami Herald. April 1, 1993. April 30, 2022. 5B. Newspapers.com.
  10. News: English. Antonya. Commission's decision greeted with elation, anger. The Gainesville Sun. April 1, 1993. 4A. Google News Archive.
  11. News: Morgan. Lawrence. Deadline today for anti-gay petition bid. Independent Florida Alligator. November 22, 1993. May 2, 2022. 3.
  12. News: Jenness. Laurie. 8,500 sign petitions to end gay ordinance. Independent Florida Alligator. November 23, 1993. May 2, 2022. 3.
  13. News: Judge allows vote on anti-gay ordinance. Tallahassee Democrat. October 13, 1994. May 2, 2022. 4B. Newspapers.com.
  14. News: Group opposes ballot questions. Shedden. Mary. The Gainesville Sun. 3B. September 27, 1994. October 2, 2022. Google News Archive.
  15. News: As election nears, political battle over gay rights heats up. Shedden. Mary. The Gainesville Sun. 1B,2B. September 22, 1994. October 2, 2022. Google News Archive.
  16. News: Burke. Patrick. The fight continues. Independent Florida Alligator. February 7, 1994. May 2, 2022. 1.
  17. News: Burke. Patrick. County to vote on gay rights. Independent Florida Alligator. February 8, 1994. May 2, 2022. 1.
  18. News: Long. Phil. Gainesville battles over gay rights issue. Miami Herald. October 25, 1994. April 30, 2022. 9A. Newspapers.com.
  19. News: Glass. Jon. Long. Phil. A watershed vote on protections for gays in Gainesville. Miami Herald. November 9, 1994. April 30, 2022. 11A. Newspapers.com.
  20. News: Glass. Jon. Long. Phil. Gainesville takes gay rights law off the books. Miami Herald. November 10, 1994. April 30, 2022. 9A. Newspapers.com.
  21. News: Alachua victory inspires anti-gay-rights coalition. Associated Press. St. Petersburg Times. November 11, 1994. May 1, 2022. 6B. Newspapers.com.
  22. News: A misguided majority (editorial). St. Petersburg Times. November 11, 1994. April 30, 2022. 16A. Newspapers.com.
  23. News: Navarro. Mireya. Gay Rights Battle Flares in Florida. New York Times. December 12, 1994. April 30, 2022. B8.
  24. News: National law firm joins group's fight over anti-gay rights amendment. Associated Press. Florida Today. February 20, 1995. May 2, 2022. 9D. Newspapers.com.
  25. News: Hurtak. Lynn. Lawyer vows to help gay cause. Independent Florida Alligator. June 6, 1995. May 2, 2022. 3.
  26. News: Court throws out Colorado's anti-gay rights amendment. Miami Herald. October 12, 1994. May 2, 2022. 4A. Newspapers.com.
  27. News: Judge throws out amendment that bars laws protecting gays. Associated Press. Naples Daily News. November 24, 1996. May 1, 2022. 4B. Newspapers.com.
  28. Web site: Lambda Defeats Antigay Amendment in Florida County. Lambda Legal. November 25, 1996. May 2, 2022.
  29. News: Gainesville takes first step for law to protect gay rights. Associated Press. Naples Daily News. February 11, 1998. April 30, 2022. 7D. Newspapers.com.
  30. News: Bender. Rachael P.. City Commission poised to discuss gay rights. Independent Florida Alligator. April 20, 1998. May 2, 2022. 4.
  31. News: City votes to include gay rights. Magrin. Jud. The Gainesville Sun. 1. June 2, 1998. April 30, 2022. Google News Archive.
  32. Web site: City passes transgender ordinance. The Gainesville Sun. January 29, 2008. May 2, 2022.
  33. News: Foes Say Law Protects Predators. August 9, 2011. The New York Times. January 10, 2009. Associated Press.
  34. Web site: Transgender-law challengers submit 8,600 signatures. The Gainesville Sun. August 10, 2011.
  35. News: Transgender issue divides Gainesville as vote nears. Associated Press. St. Petersburg Times. January 10, 2009. May 1, 2022. 8B. Newspapers.com.
  36. Web site: TMLC to Act as Legal Counsel for "Citizens For Good Public Policy" in Gainesville, Florida. Catholic Exchange. May 12, 2008. August 10, 2011.
  37. News: It's deja vu all over again. Gainesville Sun. Ron. Cunningham. March 22, 2009. October 3, 2022.
  38. News: Word . Ron . Gainesville, Fla., anti-discrimination laws kept . Fox News . March 24, 2009 . dead . https://web.archive.org/web/20090326134046/http://www.foxnews.com/wires/2009Mar24/0%2C4670%2CPottyPrivacy%2C00.html . March 26, 2009 . mdy-all .
  39. Web site: Victory in Gainesville. Lambda Legal. March 26, 2009. May 2, 2022.
  40. Web site: Marsh. Don. Waiting for the News Media to Show Up. January 2, 2012. https://web.archive.org/web/20120114154449/http://alachuavoterguide.com/blog/2009/02/28/waiting-for-the-news-media-to-show-up/. January 14, 2012. dead.
  41. News: Smith. Chad. Lowe and behold! The next mayor of Gainesville. January 2, 2012. The Gainesville Sun. April 16, 2010.
  42. News: Pruner. CJ. Recount declares Lowe city's next mayor. Independent Florida Alligator. April 19, 2010. May 1, 2022. 1.
  43. News: Smith. Chad. Church changes 'No homo Mayor' sign to read 'No homo'. January 2, 2012. The Gainesville Sun. April 2, 2010. https://web.archive.org/web/20120111123713/http://citylimits.blogs.gainesville.com/10669/church-changes-no-homo-mayor-sign-to-read-no-homo/. January 11, 2012. dead.

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