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On November 4, Americans witnessed the historic election o Barack Obama, but passage o anti-gay ballot initiatives in Caliornia, Arizona and Florida shows that much work remains to be done on theroad to equality.The Caliornia Supreme Court has agreed to review the validity o Proposition 8 (Prop 8) in response to a lawsuit led by LambdaLegal, The American Civil Liberties Union and the National Centeror Lesbian Rights. The groups argue that Prop 8 is invalid because itimproperly attempts to undo the constitution's core commitment toequality and deprives the courts o their essential role o protecting therights o minorities. According to the Caliornia Constitution, such a radical change in the way the courts and state government work cannot be decided by a simple ballot measure.The legal groups led the writ petition on behal o Equality Caliornia and six same-sexcouples.The Caliornia Constitution makes clear that a major change in the roles played by thedierent branches o government cannot be made by a simple majority vote through theinitiative process, but at the very least must rst go through the state legislature. Changes tothe underlying principles o the constitution must be approved by two-thirds o both houseso the legislature beore going to voters. That didn't happen with Prop 8, and that's why it'sinvalid.The groups led a writ petition in the CaliorniaSupreme Court beore the elections, arguing that theinitiative should not have appeared on the ballot. Thecourt dismissed that petition without addressing itsmerits.This would not be the rst time the court has struck down an improper voter initiative. In 1990, the courtstruck down an initiative that would have improperly attempted to strip the state's courts o their role asindependent interpreters o the constitution.“I the voters approved an initiative that took theright to ree speech away rom women, but not rommen, everyone would agree that such a measure conficts with the basic ideals o equality enshrined in ourconstitution,” says Lambda Legal Senior Counsel Jenny Pizer. “Proposition 8 suers rom the same faw. That’stoo big a change in the principles o our constitution to be made just by a bare majority o voters.”Executive Director Kevin Cathcart has spoken out against racial scapegoating in the wakeo Proposition 8, and warns that it is wrong and weakens our movement.
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VOLUME 19, ISSUE 12 • DEcEMbEr 2008
California High Court Takes Proposition 8 Case
The Paducah Human Rights Commission(PHRC) has joined the Kentucky Commission on Human Rights (KCHR)in celebrating Governor Beshear’s ExecutiveOrder expanding employment protections toinclude sexual orientation and gender identity or employees o the Commonwealth.In June, the KCHR passed a historicresolution in support o a statewide airnessbill that prohibits discrimination based onsexual orientation and gender identity.On November 10, Kentucky Fairness Alliance (KFA) spokesperson Jody Coeraddressed the Paducah Commission. Hespoke in avor o the resolution’s passageand the importance o celebrating thecommitment to airness by Gov. Beshearin order to continue seeing air-mindedvictories.The proclamation passed by a unanimousvote o the Commission. The PHRCorwarded their Resolution to Gov. Beshear,the KCHR, and to Paducah Mayor Paxtonand City Commissioners.“We salute Governor Beshear and willcontinue to ollow his lead in ensuring allcitizens are protected equally and airly when it comes to opportunities or stateemployment,” said PHRC Chairperson Andrew Coiner and Paducah attorney.“Discrimination is discrimination. ThePaducah Human Rights Commission iscommitted to protecting the rights o everyonein our community rom discrimination.”
Action Needed: 2009 Legislative Session
Unortunately, the Kentucky General Assembly has never supported legislationprotecting the state workorce romdiscrimination. It is now time to codiy theGovernor's Executive Order in Kentucky law, and make sure that uture generationso employees are protected rom workplacediscrimination.KFA asks Kentucky citizens to call onstate legislators who have previously ledthe statewide airness bill to do so again.KFA specically ask equality allies to ask Representatives Marzian, Burch, Meeks,Palumbo, and Westrom as well as SenatorsHarper Angel, Neal, Shaughnessy, and Steinto pre-le this bill as soon as possible.
Fairness Moves Forward In Paducah, Legislative Session Next Battleground
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