Legislative Referral on Marriage Equity? No.

Carla Hanson

A legislative referral is not the answer to correcting Oregon's problem of marriage inequality.

... and it is not feasible or realistic.

Wanting the Oregon Legislature to do its thing sounds simple and efficient. They pass a referendum for voters to declare Measure 36 dead and then we'll just relax for a while, and then go vote correctly later, right? This all sounds neat and tidy and would seem to be less costly, but here's just a few of the many variables that play in...

• Most legislative efforts divide along party lines, and while Dems have majorities in Senate and House, they are not super majorities. Given the ideological make-up of many GOP Districts, GOP legislators would be risking their seats to come on board with a referendum, even if they individually were "evolving". Remember, Oregon GOP Party line still promotes marriage as "one man, one woman".
• Marriage equality advocates wish this to be a truly multi-partisan effort; this is MUCH easier to effect at the citizen level than at the elected level. If partisan lines are drawn early via a legislative referendum, this diminishes the campaign's ability to recruit across parties for volunteers and votes.
• Even with all Legislative Democrats voting in favor of a referendum (and yes, some would be at risk in swing districts), the vote from the Legislature would not be a statement of resounding support, but a partisan split eeked out to send to the voters.
• A referral could technically go to the voters THIS November. The current campaign has been focusing on 2014 for several years now; truncating the timing could lead us straight into a disastrous path, especially considering that important Democratic turnout is always much better in Presidential and midterm elections as opposed to the odd year oddballs.
• Finally, in terms of reality, the Legislative Session is just days from it's end; we are miles past the construction of a new bill, especially one that is emotional and controversial. It ain't happening.

With an initiative effort, early engagement is built in. While an 11 month statewide signature drive is rigorous and demanding work, the end result is more than just a question on a ballot.

Through the effort of a signature drive...

• Voters are educated and engaged early.
• Supporters are identified and often roll into the effort as volunteers or donors.
• The time allows operations in the ENTIRE state to get established.
• A signature drive beginning in just a few weeks rolls out nicely from the SCOTUS decisions. The timing IS rather impeccable, (albeit missing Portland PRIDE) allowing the campaign to begin now, right on the heels of the High Court's rulings. Energy and enthusiasm are ramped up right now, and volunteers are raring to go.
• The momentum of the signature drive, which would end in the first week of July, 2014, flows naturally into the drive gears of the 4 month campaign.
• The signature drive is in the control of the operators, and a robust effort will produce a signature total that will, in and of itself, display significant support for marriage equality so much more than a referendum from the Legislature. A landmark presentation of signatures in July 2014 will be motivational pivot that launches us into the home stretch.

The financial burden of running an initiative effort should be looked at in terms of the overall campaign. Yes, donations will be sought and received early, but it's not as if there are no rewards for this early effort. The campaign IS on; the initiative effort IS part of it, and it's not simply a matter of signature gathering, but as mentioned, early and ongoing voter interaction. This pays BACK in dividends.

Don't forget that in the past years, BRO has put considerable funding into an effective media campaign that introduced the Oregon audience to GLBT families. In this next year, we'd still have to be talking gay. In a huge way, the signature drive allows 1000s of Oregonians to do the same thing, and ultimately, the one on one contact is always more effective than the happiest face yapping to you from the TV.

BRO has spent an extraordinary amount of time and effort carefully polling, evaluating and strategizing about the proper movement forward that will result in victory. While the SCOTUS decisions are positives, they certainly do not dictate that we abandon the well thought out course of action. The very expectation that we'd automatically win by changing course with a Leg. referral (or more dramatically, a referral and an election in Nov. 2013) is a naive view from 30,000 feet.

BRO and allies have long investigated the ground-level view, with the ultimate question being not "Can we win?" but "Will we win?" While BRO folks have met with criticism that has described them as overly cautious, BRO is absolutely spot-on in its perspective that this battle can be only taken on once, and MUST be won. The BRO/Oregon United for Marriage plan includes an initiative effort that officially begins the campaign on July 20th.

I like our odds much better with real campaign work beginning NOW instead of next year.

Join in!

By Carla Hanson June 28, 2013