Module G The Fight To Defeat Proposition 6

Throughout history, when civil rights expand, push-back and back-lash from conservative corners has come. The decriminalization of homosexuality and removal of homosexuality as an illness from the Diagnostic and Statistical Manual started a wave of local LGBTQ+ protections laws to be passed. Cities and counties around the country were passing laws protecting gay and lesbian people from discrimination, but people like Anita Bryant (a celebrity vocalist and spokesperson for Florida orange juice) started a campaign in 1977 to put voter initiatives on the ballot to repeal the new protections. One by one, voters across the country were inspired by Bryant and voted to eliminate protections for LGBTQ+ people.

One of the most famous videos of Anita Bryant speaking in public about her campaign to rid the country of civil rights protections for LGBTQ+ people included Bryant being attacked by a man with a cream pie.

Anita Bryant hit in the face with a cream pie

California Senator John Briggs

Anita Bryant wasn't the only conservative religious person fighting to eliminate LGBTQ+ rights. Elected officials found anti-gay rights efforts to be popular platforms to base campaigns and to build their base of voters. Senator John Briggs of California proposed one of the most dangerous initiatives and something far more damaging than a repeal of civil rights protections.

In 1978, California Senator John Briggs sponsored Proposition 6 which put to the voters a question of whether or not gay and lesbians could be employed by public schools. Prop 6:

"SCHOOL TEACHERS--HOMOSEXUAL ACTS OR CONDUCT. INITIATIVE STATUTE. Prohibits hiring, and requires dismissal, by school district board of any probationary or permanent teacher, teacher's aide, school administrator or counselor who has engaged in a public homosexual act described in Penal Code sections 286 or 288a, or who has engaged in advocating, soliciting, imposing, encouraging or promoting of private or public homosexual acts directed at, or likely to come to the attention of schoolchildren and/or other employees. Provides for filing charges, hearings, judicial review. Financial impact: Unknown, but potentially substantial local cost to school districts depending on the number of cases which receive an administrative hearing."

If passed, this initiative would have required school districts across California to hunt down and terminate all known gay and lesbian teachers and anyone who supported them. Proposition 6 was reminiscent of Presidential Executive Order 10450 of 1953 and the time when the federal government hunted and terminated gay and lesbian people employed by the federal government.

People often ask what the rationale was that Senator Briggs used to promote Proposition 6. It was always about "protecting children." Briggs asserted that homosexuals were a threat to children and nothing inspires voters more than an action to protect their own kids.

Many men and women participated in the fight against Proposition 6. Harvey Milk had a strong role to play after having been elected as an openly gay man to public office.

On election night, the gay community prevailed with a significant number of voters who participated in the election that year. It was the first time that an anti-LGBTQ+ bill had failed that year. 70.41% of registered voters participated in the vote. 41.6% voted yes on Proposition 6 and 58.4% voted no.

Law Enforcement Is Often Caught In The Middle

The criminal justice system overall is responsible for enforcing laws created by representatives elected by voters (all of us). The criminal justice system is responsible for prosecuting and punishing those who are caught violating these laws. When laws are enacted that appear unfair to the public, the police are often blamed when those laws are enforced. All of the public morals and decency laws discussed so far were enacted by elected representatives that voters selected.

Where law enforcement has a responsibility is in "how" any law is enforced. This includes the tactics, use of force, and treatment of those who are detained and arrested. Where law enforcement has to take full responsibility is in those cases where people were brutalized and humiliated. Criticism of law enforcement throughout this time was really all centered on how police treated LGBTQ+ people, usually with distain and extreme disrespect.