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Sunday, October 31, 2004

Repeal Article XII? First, tell me what it is



By Gregory Korte
Enquirer staff writer

YOUR VOTE MEANS
If you vote "yes"

A vote for Issue 3 would repeal Article XII, clearing the way for City Council to pass a law protecting gays and lesbians from discrimination.

If you vote "no"

A vote against Issue 3 would leave Article XII in the city's charter, prohibiting City Council from legislating in the area of gay rights.

When Cincinnati voters go to vote on Issue 3, they'll encounter this question: "Shall Article XII be repealed?"

So what is Article XII?

It depends on whose definition you use.

The committee in favor of Issue 3, the Citizens to Restore Fairness, defines it this way: "Article XII is an outdated law that makes it perfectly legal to fire someone, or deny someone housing or service in a restaurant simply because they are gay."

Those opposed, the Equal Rights Not Special Rights Campaign, have a different take: "Article XII of Cincinnati's charter forbids enactment of laws that give special rights to people simply because they identify themselves as homosexual, lesbian or bisexual."

A little history:

In 1992, Council adopted a human rights ordinance that prohibited discrimination in employment, housing or public accommodation on the basis of "race, gender, age, color, religion, disability status, sexual orientation, marital status, or ethnic, national or Appalachian regional origin."

The next year, opponents forced a vote on a charter amendment that would delete sexual orientation from the law and prohibit City Council from ever passing a gay rights law. That amendment, known as Article XII, passed.

In 1995 City Council voted to remove "sexual orientation" from the ordinance.

Eleven years after Article XII's passage, gay rights advocates have waged a yearlong campaign to repeal Article XII. They got enough signatures on the ballot to force another vote.

E-mail gkorte@enquirer.com



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