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- From: zstewart@nyx.cs.du.edu (Zhahai Stewart)
- Newsgroups: co.general
- Subject: Re: Stripped of Civil Rights?
- Message-ID: <1993Jan8.042443.16914@mnemosyne.cs.du.edu>
- Date: 8 Jan 93 04:24:43 GMT
- References: <1993Jan8.002158.9439@mnemosyne.cs.du.edu>
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- Organization: Nyx, Public Access Unix at U. of Denver Math/CS dept.
- Lines: 62
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-
- In article <1993Jan8.002158.9439@mnemosyne.cs.du.edu> pciszek@nyx.cs.du.edu (Paul Ciszek) writes:
- >Let's keep this in perspective, folks. Amendment 2 does not strip away
- >the conventional Civil Rights such as voting and due process. It does
- >remove the "right" to be considered a minority. Thus, this is sort of
- >"second order" discrimination. Other states such as Georgia practice
- >"first order" discrimination against gays and lesbians by making it
- >illegal to be gay or lesbian.
-
- Your main point (that #2 is aimed against the second wave of opening up,
- ie: sexual orientation non-discrimination, rather than the first - sodomy
- is illegal in 24 states, a felony in 15 of those) is well taken. Also, #2
- does not remove some of the traditional basic civil rights, as you point out.
-
- However, I still haven't been able to decode anything meaningful from the
- stuff about the "right to be considered a minority". Homosexuals ARE a
- minority. So are bowtie wearers, or to be less trivial, smokers. So what?
- Being a minority doesn't grant anybody special privileges in itself.
-
- Oh, do you mean being named as a group to get federal affirmative action
- preferences? Well, of the millions of minorities, only the ones specifically
- named in the legislation are covered; and one of the covered groups is a
- majority (guess which). Being considered a minority is irrelevant. Being
- named as a recipient group (minority or majority) is relevant. Colorado law
- doesn't affect this either way, of course, being federal.
-
- The existing non-discrimination laws don't care about minority status; unlike
- the more limited federal affirmative action laws, these (like Boulder, Denver,
- and Aspen have) don't name any subset group for any special rights; they give
- all citizens the same rights. Namely, some protection from discrimination on
- the basis of sexual orientation, whether gay or straight. Minority status is
- irrelevant. "Protected status" is fuzzy words put together to suggest special
- rights given to one group but not the rest of us; do homosexuals have
- "protected status" under Boulder's law? It depends on how you want to define
- it, since the term is so vague. But they have exactly the same status as
- heterosexuals, so either all citizens have protected status or none do. There
- is no class singled out for differing status.
-
- Anyway, there are many dimensions to the question, but as far as I can
- determine, "minority status" and "protected status" are garbage phrases in
- regard to "gay rights". They have no meaningful definitions, and were
- created mainly as a political ploy to falsely suggest that gays have some
- sort of affirmative action preferences, "rights given to gays only and not
- to heterosexuals". Actually, there is nothing existing or proposed of that
- sort in Colorado. Equal rights are all that have been suggested or passed.
- Either no legal protection, or equal legal protection for gay and straight.
-
- Until #2, which singled out gays and bisexuals for fewer rights than
- heterosexuals. Doing in practice what it's supporters falsely attributed
- gay rights activists of passing or seeking: makeing different legal classes
- for straight and gay (except prejudicial rather than preferential).
-
- Anyway, if you have some real meaning for "being considered a minority" in
- the Colorado context, please share it. Is this like some ID card, that if
- the "minority" hole is punched, the bearer gets automatic legal goodies from
- the state or cities?
-
- I think there is an urban legend of sorts involved - that there is some ticket
- punch that women and blacks get, bowtie wearers don't, and gays are seeking -
- which gives one automatic preferences. Hogwash. Equal non-discrimination is
- the only issue, and both sides of the legal case know it. The rest was smoke
- and mirrors to distract the voters.
- ~z~
-