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Charter Amendment One (Gainesville, Florida)

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Amendment 1
Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights
Results
Choice
 Votes %
Yes 8,382 41.67%
No 11,732 58.33%
Valid votes 20,114 99.42%
Invalid or blank votes 118 0.58%
Total votes 20,232 100.00%
Registered voters/turnout 75,219 26.9%
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

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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

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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

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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]

References

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