Ballot initiatives to repeal LGBTQ anti-discrimination laws in the United States have been a recurring political strategy aimed at overturning legal protections for LGBTQ individuals at the state and local levels from 1974–2018. Ballot initiative efforts to repeal anti-discrimination laws on the basis of sexual orientation or sexual preference lasted from 1974–2016, while ballot initiative efforts to repeal anti-discrimination laws on the basis of gender identity and/or gender expression or gender presentation lasted from 2002–2018.
History Jurisdictions in the United States began outlawing discrimination on the basis of sexual orientation in 1972, when East Lansing, Michigan, passed an ordinance forbidding discrimination based on "affectional or sexual preference".Faderman, p. 228 In response, opponents began organizing campaigns to place measures on their local ballots to repeal these anti-discrimination laws. The repeal movement found a national spokesperson in Anita Bryant, who helped found—and served as president of—Save Our Children. Save Our Children organized in Florida in 1977 in response to the passage by the Dade County Commission of an anti-discrimination ordinance. Bryant's campaign was successful; the Miami-Dade ordinance was repealed by a greater than two-to-one margin. Repeal campaigns, building on this success, spread nationally and several other ordinances were repealed. In California in 1978, conservative state senator John Briggs sponsored Proposition 6, which would have barred gay and lesbian people from working in a public school. The defeat of this measure, and of an ordinance repeal measure in Seattle, Washington, the same day, stalled the momentum of the repeal forces.
The mid-1980s and early 1990s saw a resurgence in ballot initiatives, culminating in proposed state constitutional amendments in Oregon and Colorado not only to repeal existing anti-discrimination ordinances but to proactively prohibit the state and any local unit of government within the state from ever passing such an ordinance. In 1992, Oregon's Measure 9 sponsored by the Oregon Citizens Alliance failed, but Colorado's Amendment 2 passed. Amendment 2 was declared unconstitutional by the United States Supreme Court in its 1996 Romer v. Evans decision. Oregon and two other states, Idaho and Maine, had initiatives between the passage of Amendment 2 and the Court decision; all three were defeated but many municipalities within Oregon passed local measures.
As the question of same-sex marriage has risen to greater prominence, opponents of such marriages have turned their attention to passing constitutional amendments barring individual states from legalizing same-sex marriages or recognizing such marriages performed in other jurisdictions. These amendments are listed here. Before the marriage issue arose, some jurisdictions had begun providing limited rights and benefits to same-sex domestic partners. These ordinances also became targets of repeal efforts, with repeal supporters meeting with less success.
Since the 2015 US Supreme Court ruling in the case of Obergefell v. Hodges, the prominence of LGBT anti-discrimination laws became the top priority of LGBT rights activists. One of the most controversial, recent, and largest repeal effort was Proposition 1 in Houston, Texas.
Ballot initiatives Statewide level The first attempt to restrict gay and lesbian rights through a state wide ballot measure occurred in 1978 in California. While the measure failed, the late-1980s and early 1990s saw a resurgence in ballot initiatives, culminating in proposed state constitutional amendments in Oregon and Colorado not only to repeal existing anti-discrimination ordinances but to proactively prohibit the state and any local unit of government within the state from ever passing such an ordinance. Oregon's Measure 9, sponsored by the Oregon Citizens Alliance, failed, but Colorado's Amendment 2 passed. Amendment 2 was declared unconstitutional by the United States Supreme Court in its 1996 Romer v. Evans decision. Oregon and two other states, Idaho and Maine, had initiatives between the passage of Amendment 2 and the Court decision; all three were defeated but many municipalities within Oregon passed local measures.
Election date State Goal Outcome November 7, 1978 California Proposition 6, to ban gays and lesbians from working in California's public schools. Defeated with 58.43% of the vote.<ref name="Ballot measures" November 8, 1988 Oregon Measure 8: “Revokes ban on sexual orientation discrimination in state executive branch.”Office of the Secretary of State. "Voters' Pamphlet: State of Oregon General Election November 8, 1988" (p. 52) The measure was aimed at Governor Neil Goldschmidt’s executive order (EO-87-20), which prohibited employment discrimination within the executive branch based on sexual orientation, both in hiring and the performance of job duties.Oregon Office of the Governor. Executive Order EO-87-20. “Prohibition of Discrimination on the Basis of Sexual Orientation.” October 15, 1987. Passed. Yes: 626,751 (52.75%)
No: 561,355 (47.25%)Office of the Secretary of State. "Official Abstract of Votes, General Election, November 8, 1988."
Overturned by the Oregon Court of Appeals on November 12, 1992.Sura Rubenstein, "Court Kills Anti-Gay Rights Measure," The Oregonian (Portland, OR), November 13, 1992, A1.November 3, 1992 Colorado Amendment 2, to repeal all gay rights ordinances within the state and to prevent the state or any political subdivision from passing new gay rights ordinances Passed with 53.2% of the vote.Murdoch and Price, p. 455 Later struck down by the United States Supreme Court in Romer v. Evans.Murdoch and Price, p. 475 Oregon Measure 9. Would amend the Oregon Constitution to prohibit the state, counties, and municipalities from legally recognizing homosexuality as a minority status, and prohibit the passing of anti-discrimination laws based on sexual orientation; prohibit the state, counties, and municipalities from using public funds and properties to “promote, encourage, or facilitate homosexuality;” and require state, county, and municipal agencies, specifically the Oregon Department of Education, to “assist in setting a standard for Oregon’s youth that recognizes homosexuality, pedophilia, sadism and masochism as abnormal, wrong, unnatural, and perverse and that these behaviors are to be discouraged and avoided.”Office of the Secretary of State. "Voters' Pamphlet: State of Oregon General Election November 3, 1992" (p. 93) Defeated. Yes: 638,527 (43.53%)
No: 828,290 (56.47%)Office of the Secretary of State. "Official Abstract of Votes, General Election, November 3, 1992." (p. 45)November 8, 1994 Oregon Measure 13: “SUMMARY: Amends state Constitution. Governments cannot:
create classifications based on homosexuality; advise or teach children, students, employees that homosexuality equates legally or socially with race, other protected classifications; spend public funds in manner promoting or expressing approval of homosexuality; grant spousal benefits, marital status based on homosexuality; deny constitutional rights, services due under existing statutes.
Measure nonetheless allows adult library books addressing homosexuality with adult-only access. Public employees’ private lawful sexual behaviors may be cause for personnel action, if those behaviors disrupt workplace.” Office of the Secretary of State. "Voters' Pamphlet: State of Oregon General Election November 8, 1994" (p. 76) Defeated. Yes: 592,746 (48.45%)
No: 630,628 (51.55%)Office of the Secretary of State. "Official Abstract of Votes, General Election, November 8, 1994." (p. 53) Idaho Proposition 1, to forbid state and local governments from granting minority status and rights based on homosexual behavior. Defeated with 50.1% of the vote. November 7, 1995 Maine Question 1, to ban the state and local governments from passing anti-discrimination ordinances Defeated with 53% of the vote. November 3, 1998 Maine To repeal state's gay rights law Passed with 52% of the vote. November 7, 2000 Oregon Measure 9: This was the third and final unsuccessful ballot initiative by the OCA to attempt to discourage homosexuality at a statewide level. Defeated by 52.89% November 7, 2000 Maine To repeal state's gay rights law Passed. November 8, 2005 Maine To repeal state's gay rights law Defeated by 57% of the vote. November 6, 2018 Massachusetts To repeal state's 2016 transgender rights law that forbids discrimination in public accommodations (including bathrooms and locker rooms) Defeated by 67.82% of the vote.
Local level After failing to pass Measure 9 in 1992, OCA turned its attention to passing anti-discrimination bans at the county and municipal level. Couching the debate in terms of forbidding LGBT people from receiving so-called "special rights", OCA sought not only to block ordinances in these communities but to bar them from spending money to "promote homosexuality". OCA was successful in passing over two dozen initiatives. However, in 1993 the Oregon Legislative Assembly passed a law prohibiting local governments from considering LGBT rights measures so the ordinances had no legal force. The Oregon Court of Appeals upheld the state law in 1995. Two weeks after the United States Supreme Court ruled in Romer, OCA suspended its efforts for a third statewide ballot initiative.