By Howard Israel
Hey there! Please don't sign the petition that would allow the general voting public to decide whether or not Michigan's LGBT citizens deserve civil rights protections!
Really. I mean it. Here's why…
The opinions expressed below are mine – Howard Israel. I do not represent any other person, organization or group. I'm representing only myself as I urge you:
PLEASE DON'T SIGN THE PETITION!
If you agree with my views, feel free to forward this document to everyone you know. Feel free to post this on your social media outlets. If you disagree and would like to be removed from my e-mail list, please let me know.
The Briefer Explanation
I am extremely concerned about the wisdom of the proposed ballot initiative campaign. The following comments reflect my serious concerns about the thinking that is provoking the ballot question idea.
In January, you may be asked to sign a petition that would put a question on the Nov. 8, 2016 election ballot asking voters to approve a constitutional amendment banning discrimination based on "sexual orientation and gender identity." The confusing ballot language reads: "when used in laws of this state prohibiting discriminatory practices or policies based on sex, race and other factors, "gender" and "sex" shall be construed to include gender identity and sexual orientation." With enough signatures, the general public will decide whether or not LGBT citizens deserve civil rights protections.
NOTE: the people asking you sign the petition will very likely be paid employees who are paid per signature. Your signature means money in their pocket. There have been many complaints in past election cycles about the ruthlessness of these employees. They will claim anything to persuade potential signers to sign their petition.
In the privacy of the voting booth, voters surrender to their fears and prejudices, no matter what polls favorable to LGBT rights indicate. The majority of the voting public is not generous with expanding civil rights for everyone. Across the years, throughout the country, including Michigan, the history of ballot initiatives aimed at expanding the civil rights of LGBT people is bleak. We lose. Repeatedly, voters have decided against us. As recently as this past September, in Houston Texas, a city that has elected Annise Parker, its openly-lesbian mayor, for three terms of office, voters forcefully removed sexual orientation and gender identity from its nondiscrimination law. (Sexual orientation and gender identity had been included in the ordinance and the voters removed them.)
If the proposed question gets on the ballot in Michigan, it would invite the general voting public to make a decision about the civil rights of LGBT citizens. In all likelihood, we will lose! We know from those past experiences with backlashes to LGBT-related ballot initiatives, elected officials won't touch LGBT equality for years, relying on the "will of the people" excuse. Michigan's own sanctimonious Attorney General, Bill Schuette, fought against marriage equality in front of the Supreme Court by using the unsuccessful argument that "the will of the people" voted against marriage equality by voting for a constitutional ban on same-sex marriage in 2004, and is reason enough to reject equality marriage.
This unwise ballot idea is emphatically NOT in the best interests of Michigan's LGBTQA community, and NOT in the best interests of the state of Michigan to be a discriminator.
The Longer Explanation
The consequences of losing the proposed ballot initiative are extremely troubling and very real. The following questions reflect my serious apprehensions.
* A good deal of time, effort, research and strong and effective alliances and coalitions with like-minded individuals and groups are needed to mount a smart, coordinated, trustworthy, well-funded and successful ballot initiative campaign. As far as we know, the current effort includes none of these things.
* Why haven't the people pushing for this ballot question met in an open public forum with the LGBT community? Why hasn't the LGBT community or the leaders of our organizations been consulted about the usefulness and practicality of this project? Why haven't the people pushing for this ballot question met with Between The Lines reporters? Why has the spokesperson of this project publicly rejected discussions from people whose point of view differs from hers?
Editors note: An upcoming community forum was announced after the publication of Israel's op-ed.
"We are full steam ahead. I won't talk to anybody about stopping this effort."
– Dana Nessel, in an interview, November 16, 2015 – about her plans to create a ballot initiative campaign that would add "sexual orientation and gender identity" to Michigan's nondiscrimination law.
* More significantly, why haven't the people pushing for this ballot question met with the members of the Trans community? The current hostile and fierce anti-LGBT strategy opposition to the movement toward equal rights specifically targets and attacks Trans people. Why then have the people pushing for this ballot question refused to consult with Trans people? Why is there no "buy in" for this project by the Trans community? Why have Trans community leaders publicly urged this ballot campaign NOT to precede? Given that Trans women of color are an especially "at risk" population for violence and murder in metro Detroit, why haven't the people pushing for this ballot question consulted with Trans women of color?
* Who pays the financial and emotional price if the ballot question fails and our equal rights movement in Michigan is damaged for the foreseeable future? Who pays the emotional price if the negative backlash from this campaign escalates into anti-gay harassment, increased anti-gay prejudice and overt discrimination… or LGBT-focused violence? Primarily, the instigators of this project are heterosexual, so what price would they pay if we lose?
* We know that the possible after effects of very public anti-LGBT political campaigns are increased incidents of anti-LGBT harassment and bullying, emotional and physical abuse and violence, open discrimination from public businesses and religious institutions, and an increase in malicious anti-LGBT legislation, with state-sanctioned religious exemptions enabling tax-exempted discrimination. Who will be hurt by the discrimination? The well-paid business people who are advocating for the ballot question? They will most likely take their paychecks and, cynically, be on to their next project, leaving the LGBT community to deal with the backlash.
* The people who are pushing for the ballot question have stated that their polls indicate that the anti-trans "bathroom panic" message – "No Men in Women's Bathrooms," will NOT be effective in Michigan. They dismiss Houston's pro-LGBT campaign as being poorly run. In fact, the wildly successful "bathroom panic" strategy in Houston that defeated LGBT civil rights protections is being replicated in other jurisdictions across the country. Why do the people pushing for the ballot question in Michigan blindly think the "bathroom panic" will not be an effective opposition message in Michigan? Why do they insist that Michigan's voters won't be susceptible to the fear and prejudice inherent in this proven-successful smear tactic?
* We know that "bathroom panic" is a manufactured political winning strategy to encourage anti-Trans voters' fear and loathing. It's a false idea, as we know. But the murders of Transgender women of color this year is real. If our civil rights become a ballot question, will this already-vulnerable community be made even more vulnerable? Which, of course, does not include the people who are pushing for the ballot question.
* Why is there virtually no participation in this campaign by Michigan's LGBT organizations or national LGBT or allied organizations? The resounding absence of organizational LGBT participation in the venture speaks volumes.
* Under the current politically conservative Michigan legislature and administration, LGBT rights is a priority only when anti-LGBT legislation is proposed or religious institutions press for exemptions from providing equal rights to LGBT citizens. We know that a number of Michigan legislators exploit LGBT issues for political reasons. But the political winds of change will – sooner or later – sweep a more LGBT-friendly group into Michigan's legislature. I know that an anti-gay, obstinate and narrow-minded Republican and Tea Party-led legislature is a significant obstacle, at this time. But it is one that we can overcome by working hard to elect LGBT-friendly candidates.
* Allowing Michigan's generally conservative right-leaning electorate to decide whether LGBT citizens deserve civil rights or not is an entirely separate matter. Knowing what we know about our losing LGBT-related ballot questions, why would we choose to put ourselves at risk? Are the primarily heterosexual initiators of this ballot campaign putting THEIR civil rights on the line, to be judged by a unfriendly conservative public?? If THEY fail in their effort, it is OUR civil rights and OUR political progress that will be damaged.
* The people who are pushing for the ballot question make the claim that they will win this election by educating the public about LGBT issues. In the upcoming raucous presidential election season, will there be enough time for their plan to be effective and successful? In Michigan, signature petitions must be filed 120 days prior to the election. That means the people pushing this ballot questions will have just 4 months prior to Election Day, Tuesday, Nov. 8, 2016, to educate the general voting public about why LGBT citizens should have civil rights protections. Will the ballot campaign people be able to accomplish this task??? Across Michigan? That is a monumental, daunting task given the determined heavy-duty conservative, right-winged state that Michigan has become. Do the people who are pushing this ballot question really believe they will be able to successfully enlighten a majority of Michigan's voters about the importance of LGBT rights protections… in just 4 months?
* Given: 1) the backlash to marriage equality which includes the ongoing national strategic opposition to LGBT equal rights protections in nondiscrimination laws; 2) the continuous and ferocious public hostility to equal rights for LGBT people by political and religious figures; and 3) the voting public's fears and prejudice against LGBT people, especially against Trans people… Within a 4-month period, will Michigan voters listen to positive voices about LGBT equal rights? Or will that positive information be drowned out by the lies, fear-mongering propaganda that will surely arise in opposition to LGBT rights plus the uproar of boisterous presidential campaigns??
* Why have the people pushing for this ballot question estimated the cost of a ballot campaign to be $3-4 million? Why have Michigan LGBT and allied organizations AND national LGBT organizations estimated $16-24 million for a ballot campaign? Why are the estimates so widely different? Do the people pushing for this ballot question expect the money to come from the LGBT community or individuals? Our community organizations are already woefully underfunded and our donors' funds continuously stretched thin. Why pour our money into a scheme that will – most likely – fail?
* Where is the money that's backing this ballot question coming from? Will the ballot battle be funded by despicable deep-pocketed anti-LGBT organizations and/or anti-LGBT billionaire zealots, inside or outside of Michigan? If the ballot campaign succeeds, our civil rights protections will be decided on the same day as the hotly contested presidential election. Might the ballot question be financed by political groups or campaigns aimed solely at electing their presidential candidate? Will political partisans and fanatical anti-Trans and anti-LGBT zealots vote in overwhelming numbers to elect their candidate AND to deny us civil rights protections?
* Is the LGBT community being manipulated into participating in this ballot question, against our communal will and better judgment? Are the people pushing for this ballot question doing so for business and/or political reasons or for ego-inflated self-absorbed reasons? Is the LGBTA community being strong-armed into participation in this ill-conceived, badly-timed project? The people pushing for this ballot question allege they are acting in the best interests of LGBT people. In order to protect and defend ourselves in this doomed venture, will we be forced by those bullies to plunge in and deplete our communal resources and personal finances?
* If this question appears on the ballot, we will be forced to motivate and engage whatever community volunteer, energy and money we can muster to protect ourselves from the anti-LGBT propaganda machine that will surely accompany the election… and survive a possible crushing political defeat. The pro-equality side in Houston outspent the anti-gay opposition 10 to 1. Print and media advertisements in the last eight weeks of a campaign during a presidential year are astronomical. Can our community afford an immensely costly battle and a humiliating defeat?
* Can we afford the after effects of a damaging loss…in terms of deepened political weakness in Michigan, depletion of community resources, volunteers, money and energy? Just as happened after the 2004 when voters implanted the ban on marriage equality in the state's constitution, if this ballot campaign loses, will LGBT people continue to evacuate the state because voters will have, once again, confirmed that Michigan is openly hostile to LGBT people?
Civil rights should never be subject to a popular vote. No one's civil rights should ever be decided by "the will of the people."
