AN ANARCHIST ON VOTING NO ON MEASURE 13 by Trevor Blake 16 October 1994 127 House / Box 2321 / Portland OR 97208 USA / house127@teleport.com [please feel free to reprint, post and distribute as desired...] Friends: I am not proud to be voting in the November 1994 election. More than anything else, I feel bullied into it by the existence of Measure 13. Some reasons I've chosen not to vote in the past include: - I resent being governed by a state I did not create which nevertheless feels authorized to wield all sorts of power over me. - I would rather not give someone the power to represent me without having the power to take it away again. - I will not serve on any jury and don't even want to be bothered about it. - I don't want the junk mail that signing up to anything brings. - I don't want to add to my paper trail and fail to see the connection between my date & place of birth and political opinions (astrological, perhaps?). - and if nothing else the whole patriotic spectacle looks phoney to me. Reasons _to_ vote that have failed to move me: 'Voting changes things.' - No, not really. Is it possible to completely re-structure government from top to bottom with every election? Can I participate in or generate an election any time I want? Voting changes some things, but (1) not the things I care about (2) not in the way I want them to change (3) not very much even when they do change. Generally, voting appears to put a new gang of liars and criminals in charge, or authorize the removal of another set of freedoms, or complicate a freedom with more and more laws. Those are the changes voting brings about for me. 'It's the only system we have so we have to participate.' - More than anything else, this is an admission we are hostages to the state. It really is the only system we have, and what's more we can't get it away from us. It has most of the weapons, prisons, ability to tax and license to war -- it has them irregardless of who or what we vote for. I can't really feel happy and patriotic about that. We 'have to participate' only in that we _will_ be taxed, drafted, imprisoned and the like whether we want to or not. The ability to elect ones' bullies is an ugly freedom; shall I spit first in your right eye or your left? Not spitting is not an option. 'If you don't vote you can't complain.' - So if you do vote you can complain? Is that the merrit of voting? Actually, I can complain about anything I want, even 14th Century Rome. Complaining is easy. How can I complain if I _do_ vote? Can I stop paying taxes? Can I get free health care? Can I pull back all U.S. troups from everywhere and disband the army? I'd really like to complain about those things. I'd like to complain about the prisons and mental hospitals, complain them right out of existence. I won't argue that some people choose to work within the state for reform, and some of the work they do is very much a good thing. I also won't tolerate being told working withing the state, on the state's terms, is the only way to do good things. If you don't vote you can't complain is about the same as saying if you don't sit in the back of the bus and drink from the right fountains you can't have the legitimacy required to work for civil rights. 'People have died for the right to vote.' - That's true. And when they did, voting usually meant a little something different than it does here and now, Portland OR 1994. 'Voting' in PDX and South Africa this year are about as similar as eating a light snack before going out with friends, and eating for the first time after starving for fifty years. The comparison is false. People have died for my right to be a christian and I'm not obliged to them, either. People die for all kinds of things, and for nothing at all. Is the United States the same country it was when it was founded? Or even since around World War Two? Did those people really die for me? Did the American Indians die for me? When did I ask them to do all this dying? Guilt is not part of my politics and the weakest tool against me. All the reasons I've never voted are still meaningful to me. All the arguments for voting are still unconvincing to me. My voting this year is nothing but a compromise of what I think is right, a gesture (and I don't have faith that it will be anything more than a gesture) against a particular example of state and religious bullying, Measure 13. I never wanted to have a dialogue with the state, but if they insist I'll tell them not to do something. I'll tell them not to do a lot of things, in fact. Until now I've refused to speak their gutter language to do it but I will this year. And all I can feel about it is ashamed and angry. I know if I vote against Measure 13 I might as well vote against other obnoxious, unnecessary, hateful laws, but this year at least I'm keeping the insult to a minimum. The state has and will do what it wants. Measure 13 might pass, it might not, something worse might replace it, none of that is in my hands. I don't feel good about voting but I know I alone am responsible for it; I'm not responsible for what happens after, either responsible to be glad Measure 13 failed or mad it did or bad I didn't vote. Working within or outside the law is like stepping in mud or clover; as long as you're progressing you're bound to do both. I hit a mud puddle this year but you'll mostly find me in the clover. The following is from the Official General Election Voters' Pamphlet... ======================================================================= 13 AMENDS CONSTITUTION: GOVERMENTS CANNOT APPROVE, CREATE CLASSIFICATIONS BASED ON, HOMOSEXUALITY QUESTION: Sall constitution bar goverments from creating classifications based on homosexuality or spending public funds inmanner expressing approval of homosexuality? SUMMARY: Amends state Constitution. Governments cannont: - 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; - deny constitutional rights, services due under existing statutes. Measure nonetheless allows adult library books addressing homosexualuity with adult-only access. Public employees' private lawful sexual behaviors may be cause for personal action, if those behaviors disrupt workplace. ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues. THE MINORITY STATUS AND CHILD PROTECTION ACT AN ACT Be It Enacted by the People of the State of Oregon: The Consitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article 1. The new section shall be known as "The Minority Status and Child Protection Act" and will read as follows: Section 41: MINORITY STATUS BASED ON HOMOSEXUALITY PROHIBITED. (1) In the State of Oregon, including all political subdivisions and government units, minority status shall not apply to homosexuality; therefore, affirmative action, quotas, special class status or special classifications such as "sexual orientation," "domestic partnership" or similar designations shall not be established on the basis of homosexuality. (2) Children, students and employees shall not be advised, instructed or taught by any government agency, department or political unit in the State of Oregon that homosexuality is the legal or social equivalent of race, color, religion, gender, age or national origin; nor shall public funds be expended in a manner that has the purpose or effect of promoting or expressing approval of homosexuality. (a) The State of Oregon, political subdivisions and all units of state and local government shall not grant marital status or spousal benefits on the basis of homosexuality. (b) The State of Oregon, political subdivisions and all units of state and local governmnet, with regard to public employees, shall generally consider private lawful sexual behaviors as non-job related factors, provided such factors do not disrupt the work place and that such consideration does not violate subsections (1) and (2). (c) Though subsections (1) and (2) are established and in effect, no unit of state or local government shall deny to private persons business licenses, permits or services otherwise due under existing statutes; nor deprive, nulify, or diminish the holding or exercise of any right guaranteed by the Consitution of the State of Oregon or the Constitution of the United States of America. (d) Though subsections (1) and (2) are established and in effect, this section shall not limit the availability in public libraries of books and material written for adults which address homosexuality, provided access to such materials is limited to adults and meets local standards as established through the existing library review process. (3) The PEOPLE INTEND, that if any part of this enactment be found unconstitutional, the remaining parts shall survive in full force and effect. This section shall be in all parts self-executing. EXPLANATORY STATEMENT This measure would amend the Oregon Constitution. The measure prohibits state and local governments from creating classifications based on homosexuality. These governments could not enact laws or policies establishing affirmative action, quotas, or class status based on homosexuality. Governments could not enact laws or policies using classifications such as "sexual orientation," "domestic partnerships" or similar designations based on homosexuality. Governments could not grant marital status or spousal benefits on the basis of homosexuality. State and local governments could not advise or teach children, students or employees that homosexuality equates legally or socially with race, religion, or other protected classifications. Governments could not spend public funds that directly or incidentally promote or express approval of homosexuality. A state and local government could take personal action based on a public employee's private lawful sexual behavior only if that behavior disrupts the work place or otherwise violates this measure. State and local governments could not deny business licenses, permits or services otherwise due under existing statues or limit the holding or exercise of constitutional rights. The measure would place certain limits on library matierls referencing homosexuality by limiting the availability of these materials to adults only. Adults would have access to library materials referencing homosexuality if they are written for adults and meet local standards as established through existing library review procedures. This measure does not require any action by the legislature in order to take effect. Committee Members: Appointed By: Scott Lively Chief Petitioners Kathy Phelps Chief Petitioners Kathleen Beaufait Secretary of State Julie Davis* Secretary of State Katherine McDowell* Secretary of State * Member dissents (does not concur with explanatory statement) (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215)