Charter Amendment One (Gainesville, Florida)
Encyclopedia
Charter Amendment One was a citizen led referendum
defeated in Gainesville, Florida
's city election on March 24, 2009. Titled the "Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights", the measure would remove the legal protections not explicitly covered under the Florida Civil Rights Act of 1992, specifically with reference to sexual orientation
and gender identity
.
The amendment was a key issue of debate in the elections and attracted national attention to social controversies in Gainesville, Florida that continued through the mayoral election in 2010.
The amendment was viewed as a test of LGBT
rights in Florida following the passage of Florida Amendment 2
which banned same-sex unions the previous year.
Sexual orientation was briefly added as a protected category on the county level in April 1993 with 3 out of 5 county commissioners supporting it, but was later overturned by citizen referendum in the fall elections of 1994. In 1998, the city of Gainesville voted to add sexual orientation to the city discrimination ordinance, a move that was met with little opposition.
The Group Citizens for Good Public Policy organized a campaign to remove both gender identity and sexual orientation from the charter citing fears that loose gender laws would make it easier for men to infiltrate bathrooms designated for women and girls. By July 2008, they had collected enough signatures to place a referendum on the 2009 city ballot.
, a conservative law centre.
The primary opposition arose from Equality is Gainesville's Business, which had the support of the American Civil Liberties Union
.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
defeated in Gainesville, Florida
Gainesville, Florida
Gainesville is the largest city in, and the county seat of, Alachua County, Florida, United States as well as the principal city of the Gainesville, Florida Metropolitan Statistical Area . The preliminary 2010 Census population count for Gainesville is 124,354. Gainesville is home to the sixth...
's city election on March 24, 2009. Titled the "Amendment to the City Charter Prohibiting the City from Providing Certain Civil Rights", the measure would remove the legal protections not explicitly covered under the Florida Civil Rights Act of 1992, specifically with reference to sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
.
The amendment was a key issue of debate in the elections and attracted national attention to social controversies in Gainesville, Florida that continued through the mayoral election in 2010.
The amendment was viewed as a test of LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
rights in Florida following the passage of Florida Amendment 2
Florida Amendment 2
Florida Amendment 2 was an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex...
which banned same-sex unions the previous year.
History
In January 2008, the Gainesville City Commission narrowly voted to add gender identity to the list of protected groups in its city discrimination ordinance. Gainesville's discrimination ordinance forbids discrimination in access to public accommodation, housing, credit and employment for ten different categories.Sexual orientation was briefly added as a protected category on the county level in April 1993 with 3 out of 5 county commissioners supporting it, but was later overturned by citizen referendum in the fall elections of 1994. In 1998, the city of Gainesville voted to add sexual orientation to the city discrimination ordinance, a move that was met with little opposition.
The Group Citizens for Good Public Policy organized a campaign to remove both gender identity and sexual orientation from the charter citing fears that loose gender laws would make it easier for men to infiltrate bathrooms designated for women and girls. By July 2008, they had collected enough signatures to place a referendum on the 2009 city ballot.
Campaigns
Both proponents and opponents of the measure had assistance from interest groups. The PAC Citizens for Good Public Policy supported the measure with aid from the Thomas More Law CenterThomas More Law Center
The Thomas More Law Center is a prominent conservative Christian, not-for-profit law center based in Ann Arbor, Michigan, and is active throughout the United States. Its stated goals are defending the religious freedom of Christians, restoring "time honored values" and protecting the sanctity of...
, a conservative law centre.
The primary opposition arose from Equality is Gainesville's Business, which had the support of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
.