LGBTQ+ rights have long been at the mercy of public opinion. This November will be no different.

This blog is originally appeared at LGBTQ Nation.

LGBTQ+ ballot initiatives have long served as a wedge issue, mobilizing conservative voters and influencing the rights and freedoms typically protected by law. The 2024 election follows this tradition, with LGBTQ+ civil rights once again being subjected to public debate.

In New York, voters will decide whether to include sexual orientation, gender identity, and gender expression in the state’s anti-discrimination amendment. Meanwhile, reproductive rights will also be up for a vote in 10 other states.

California, Colorado, and Hawaii voters will decide this November whether to repeal their states’ constitutional bans on same-sex marriage.

Since 1998, same-sex unions have consistently been the top issue on state referendums. In that time, 34 states have put the question to voters, with many passing constitutional amendments that prohibited same-sex marriage. These amendments were often used as a political tool to mobilize conservative voters, particularly in the 2004 election when 11 states approved such bans, helping to boost George W. Bush’s campaign.

Marriage equality consistently lost at the ballot box until 2012, when voters in Maine, Maryland, Minnesota, and Washington approved same-sex marriage, signaling a shift in public opinion that had been building since around 2009, when support for same-sex marriage crossed the 50% threshold in national polls.

In 2015, the Supreme Court’s landmark Obergefell v. Hodges decision struck down all state constitutional amendments banning same-sex marriage, declaring such bans unconstitutional. However, these amendments remain in place in several state constitutions. Activists are now pushing to repeal them, especially in light of concerns that the conservative-leaning Supreme Court could overturn Obergefell, as Justice Clarence Thomas hinted after the court struck down Roe v. Wade.

The Origins of Ballot Initiatives on LGBTQ+ Rights

California’s 1978 election introduced the first state ballot initiative related to LGBTQ+ rights—Proposition 6, also known as the Briggs Initiative. Sponsored by Orange County legislator John Briggs, the initiative sought to ban anyone who engaged in “public homosexual activity” from working in California public schools. The proposal was part of a broader wave of anti-gay activism spurred by Anita Bryant’s 1977 “Save Our Children” campaign in Florida, which successfully repealed Dade County’s anti-discrimination ordinance based on sexual orientation. Harvey Milk played a pivotal role in organizing the opposition to Prop 6, which was defeated by a 16-point margin.

Since then, other states have introduced ballot initiatives aimed at legalizing or banning discrimination based on sexual orientation or gender identity. Over time, voters have increasingly supported anti-discrimination measures. In 1988, Oregon voters overturned the governor’s authority to ban discrimination based on sexual orientation. In 2018, Massachusetts voters upheld a law prohibiting discrimination based on gender identity.

Maine and Oregon: Key States in the Fight for LGBTQ+ Rights

Maine and Oregon have consistently put LGBTQ+ rights to a vote. In Maine, voters initially blocked same-sex marriage in 2009, but then approved it by the same 53% margin in 2012. Maine also rejected anti-LGBTQ+ discrimination protections in 1998 and 2000, only to approve them in 2005. In Oregon, voters defeated a “don’t say gay” measure in 2000 by a narrow 5.7% margin.

Many states also used ballot measures to resist the inclusion of sexual orientation as a protected identity in anti-discrimination laws. In the 1990s, voters in Oregon, Idaho, and Maine approved such measures, protecting sexual orientation as a legally recognized identity.

The Impact of Other Ballot Measures on LGBTQ+ Rights

It’s not just LGBTQ+-specific ballot measures that impact the community. Other laws, such as voter ID requirements in Arkansas and North Carolina, disproportionately affect trans individuals and other marginalized LGBTQ+ people, limiting their ability to vote.

In addition to these referendums, the candidates voters elect at the state level will play a critical role in shaping LGBTQ+ rights. Republican-led legislatures have introduced or passed hundreds of bills targeting LGBTQ+ individuals, particularly in areas such as gender-affirming health care, bathroom access, inclusive education, and sports participation. Supporting state-level and local candidates who champion LGBTQ+ rights will have long-term implications, even if certain issues are not directly decided by referendum.

Civil Rights and Public Opinion

The fight for civil rights has a long history of being put to public referendum. Since 1868, issues related to race, sex, and disability have often been decided by voters, with initial support for discrimination gradually giving way to support for equality. While women’s rights gained public approval in the 1970s, LGBTQ+ rights did not see widespread support until the 2000s.

The question of whether civil rights should be determined by public opinion, rather than by courts or legislatures, has allowed forms of discrimination—such as racism, sexism, and homophobia—to become entrenched in law. Although public opinion on LGBTQ+ rights is often divided and fluid, most polls now show a majority in favor of anti-discrimination laws for LGBTQ+ individuals.

The Importance of Voting

With LGBTQ+ rights on the ballot this November, it’s more crucial than ever to vote. In addition to ballot measures, the elected officials who hold office at the state and local levels will have the power to pass or block pro-equality legislation, impacting LGBTQ+ rights for years to come. Whether through referendums or legislative action, LGBTQ+ rights remain at stake, and your vote matters.

Make your voice heard—not just on ballot measures, but by choosing candidates who will protect and advance equality for all.