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- Newsgroups: pnw.general
- Path: sparky!uunet!tessi!eaglet!rick
- From: rick@eaglet.rain.com (Rick Lindsley)
- Subject: Re: Wanted: Post election comments on Prop. 9
- Message-ID: <1992Nov15.210057.28973@eaglet.rain.com>
- Organization: Quagmire Annex
- References: <1992Nov7.200705.21466@eskimo.celestial.com> <1992Nov8.174212.6515@sequent.com> <1992Nov10.204135.8617@pcx.ncd.com> <1799@rwing.UUCP>
- Date: Sun, 15 Nov 1992 21:00:57 GMT
- Lines: 85
-
- pat@rwing.UUCP (Pat Myrto) writes:
-
- Any law that sets aside a specific group or groups for special
- consideration that are not afforded the rest of us creates special
- rights. Even if that law provides special sanctions if ORDINARY
- rights are denied a certain group, by the fact that it gives that
- group avenues of redress unavailable to the rest of us grants that
- group special rights.
-
- I've been trying to grasp the concept of "special rights" and I think I
- might finally see the angle you're coming from.
-
- A set of laws are passed that say, generally, hiring and firing of
- employees must be for job related reasons. Seems pretty clear. Then one
- day, an employer argues, "but if I HIRE that black person, nobody will
- EAT at my restaurant! Clearly that's job related!" And while, in some
- environments the first might actually be true, the courts decide that,
- no, the second does not follow. The person's right to a job overrules
- the employer's choice of clientele. And a precedent is set, and
- eventually a law passed, that you cannot discriminate on the basis of
- race except in some very narrow situations.
-
- Have "special rights" been granted? It might seem so. What *I* think
- has happened is that a clarification has been made. It was assumed
- everyone understood what "job-related" reasons meant. It became
- apparent that that actually meant quite different things to different
- people. So somebody (the courts and legislatures) stepped in and said:
- "The following things are not, and never can be, job-related."
-
- You could argue that the extra laws were unnecessary, since all you had
- to do was go to court and prove that you had been discriminated
- against. It was already illegal, right? But that takes both time and
- money, which you cannot retrieve (and sometimes don't have to begin
- with.) It can be subject to the whims of the district in which you
- file, the judge which hears your case (more appeals!) or even his or
- her bout with indigestion the day your case is heard.
-
- In other words, it doesn't always afford equal protection.
-
- Spelling out these laws made the statement: "This is exactly what we
- meant. Deal with this in a uniform manner." And so it only became
- necessary to show that it happened .. not that it happened AND was job
- related.
-
- This statement has been made for race, religion, sex, and age (to name
- a few.) For quite a while that statement seemed unnecessary for those
- categories, but we've now decided they are. Am I upset by these
- "special" affirmations of these groups'' rights? No, because I do agree
- that these are rarely job-specific requirements and tend to restrict
- opportunities for some groups. I welcome the courts' and legislatures'
- efforts to remove economic and procedural obstacles to the appropriate
- remedy. This is because I agree with the problem, and I agree with the
- remedy. Others, even today, still do not agree on either the problem or
- the remedy, and may view these as "special" rights. It's a combination
- of both belief and nomenclature.
-
- Measure 9 would have gone the other route. It would have specifically
- said "it's ok to discriminate against people for *these* reasons" and
- in fact encouraged, nay, *required* the state to do so. It specifically
- *removed* equal protection and created a special class of people that
- were legislated to be lower on the societal ladder than others.
-
- Currently, sexual preference is in the "general" category: "don't
- discriminate for non-job related reasons." As more employers decide to
- consider sexual proference a job-related reason, the courts (and/or
- legislatures) will need to draw a line and make a statement, even if
- only in precedent, not law. Measure 9 was one attempt at that, and it
- failed, thankfully.
-
- Is it time to try and offer a measure that swings in the other
- direction? Up until now a large number of people though it unnecessary
- (or didn't care.) 3 cities in Colorado thought it was a good idea, but
- were overruled by a state referendum. A large percentage of people in
- Oregon didn't like the sound of discrimination, but an almost equally
- large percentage did, too.
-
- Perhaps it is time.
-
- I know one thing though. As long as the winning percentage is less than
- 60%, maybe even 65%, the losing side will continue to bring the subject
- up for referendum again as often as the law permits. I continue to
- think an exchange of reasonings and views will win more of the
- fence-sitters than an exchange of slings and arrows.
-
- Rick
-