State Ballot Measures Give Feminists Reason to Cheer and Work Harder

By Lisa Bennett, Communications Director

November 7, 2008

In a number of states across the country, citizens were casting their votes on more than just candidates. From California to Florida, voters weighed in on a number of issues important to feminists. When the results came in, there was both good news and bad news: several strong wins and a number of heartbreaking losses.

Reproductive Justice Prevails

For the second time in two years, residents of South Dakota were presented with a ballot initiative that threatened to take away women's abortion rights. And for the second time, voters rejected it by a double-digit margin, 55 to 45 percent.

South Dakota's 2006 proposed ban on abortion would have been the most extreme in the United States -- banning nearly all abortions except to save a woman's life. Because this year's initiative added exceptions for rape, incest and a narrow health exception, some thought it had a chance of passing. The ban was designed to serve as a challenge to Roe v. Wade, so its defeat by South Dakotans was critically important. Fortunately, the people spoke, and they affirmed women's reproductive rights once again.

In Colorado, the misleadingly-named "Colorado Equal Rights Amendment" was voted down by a resounding three-to-one margin. This effort aimed to amend the state constitution with an expanded definition of a "person" that would include "any human being from the moment of fertilization."

This "personhood" strategy is a deliberate attempt by the radical right not only to take away women's right to abortion, but to ban many common forms of contraception as well. Thanks to activists and organizations like NOW that worked tirelessly in the state, voters were well-informed on the issue and rejected it by 72 percent to 27 percent.

For the third time in recent years, California's ballot included a parental notification for abortion measure, which failed by a 52 to 48 vote. Proposition 4 would have amended the state constitution, forcing young women under 18 to notify a parent or legal guardian before terminating a pregnancy. This law would have placed vulnerable teens in danger. Scared, pregnant young women who could not go to their parents may have felt forced to take matters into their own hands, seeking back-alley abortions, or even considering suicide.

With a message of protecting teen safety, NOW and our allies got the word out on Prop 4, and California voters rose to the occasion, voting FOR young women by voting against the amendment.

NOW President Kim Gandy says: "Despite the relentless and often deceitful efforts of anti-abortion forces, the defeat of these ballot measures reinforces what we've seen in national polls for decades -- that the majority of people in the U.S. support a woman's right to abortion, and understand that some young women cannot safely tell their parents about an unwanted pregnancy."

Equal Marriage Setback

The cause of marriage equality experienced a stunning defeat on Nov. 4, particularly in California, where marriage for same-sex couples had become legal and thousands had already married. By a five point margin, voters amended the state constitution to ensure that "only marriage between a man and a woman is valid or recognized in California."

But right wing advocacy on behalf of Proposition 8 went far beyond marriage rights for same-sex couples. According to the Los Angeles Times, supporters of the amendment "were able to focus the debate on their assertion that without the ban, public school children would be indoctrinated into accepting gay marriage against their parents' wishes, churches would be sanctioned for not performing same-sex weddings and the institution of marriage would be irreparably harmed."

"This is a terrible loss, an enormous setback," said NOW Executive Vice President Olga Vives. "What does it say to the rest of the country when one of our most progressive states writes discrimination into its constitution?"

Lawsuits have already been filed, claiming that Prop 8 violates the state's equal protection clause and that the proper procedure was not followed for such a fundamental change to the state constitution.

Voters also approved same-sex marriage bans in Florida and Arizona (which had narrowly defeated such a ban in 2006), and Arkansas passed a ban on unmarried couples adopting children. The Arkansas ban is not limited to same-sex couples.

Groups like NOW have been working for Lesbian/Gay/Bisexual/Transgender rights for decades, creating a major shift in public opinion. In fact, despite its passage, California's Prop 8 was favored by 52 percent of voters, compared with the 61 percent that supported a similar ban back in 2000 before the state Supreme Court overturned that ban.

Our work just got a little (perhaps a lot) harder, but NOW is committed to taking action until every person, regardless of sexual orientation, enjoys the same rights and opportunities.

Affirmative Action Under Attack; Connerly Finally Faces Defeat

Anti-equal opportunity crusader Ward Connerly attempted to place initiatives targeting affirmative action on ballots in five states. He failed to get his deceptive measures on ballots in Arizona, Missouri and Oklahoma because of challenges from supporters of equal opportunity. However, in the two states where his misleadingly named Civil Rights Initiatives did qualify, Nebraska voters cast their ballots for the measure (against affirmative action) while we narrowly defeated the anti-equality Colorado initiative.

According to the Associated Press, Connerly declared that the election of Barack Obama proved his point that "[w]e have overcome the scourge of race."

"Connerly's self-serving delusions aside, an Obama presidency does offer promise for a new day on many feminist issues," said Gandy. "With four, hopefully eight years of inspired leadership from the top, we should be able to make considerable gains educating the public and instituting public policies that will advance equality for all."