November 7, 1978 | ||||||||||||||||||||||
Restricts gays and lesbians from working in California's public schools. | ||||||||||||||||||||||
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 County results Yes: 50–60% 60–70% No: 50–60% 60–70% 70–80% | ||||||||||||||||||||||
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California Proposition 6, informally known as theBriggs Initiative,[1] was an unsuccessfulballot initiative put to a referendum on theCalifornia state ballot in the November 7, 1978, election.[2] It was sponsored byJohn Briggs, a conservativestate legislator fromOrange County.[3][4] The failedinitiative sought to bangay men andlesbians from working in California'spublic schools.[3][4][5]
Openly gay San Francisco politicianHarvey Milk andSally Miller Gearhart, as well as many other gay and lesbian activists of the time, were instrumental in fighting the measure.[4][5] Opposition to the proposition from a variety of public figures, including then-former California GovernorRonald Reagan and PresidentJimmy Carter, helped to swing public opinion against it.
Singer andFlorida Citrus Commission spokespersonAnita Bryant received national news coverage for her successful efforts to repeal aDade County, Florida ordinance preventing discrimination based on sexual orientation.[6] This success sparked additional efforts to repeal legislation that added sexual orientation or preference as a protected group to anti-discrimination statutes and codes. In a step beyond repeal of anti-discrimination measures,Oklahoma andArkansas banned gays and lesbians from teaching in public schools.[7][8] The idea for the Briggs Initiative was formed during the success of the repeal of the Dade County anti-discrimination language.[3][4]
The measure was the first attempt to restrict gay and lesbian rights through a statewideballot measure.[1]
The initiative provided that a public school teacher, teacher's aide, administrator, or counselor could be fired if the employee was found to have engaged in either (1) "public homosexual activity", which the initiative defined as an act of homosexual sex which was "not discreet and not practiced in private, whether or not such act, at the time of its commission, constituted a crime", or (2) "public homosexual conduct", which the initiative defined as "the advocating, soliciting, imposing, encouraging or promoting of private or public homosexual activity directed at, or likely to come to the attention of, schoolchildren and/or other employees".[9]
The employee would be terminated if the school board, after a hearing, determined by apreponderance of the evidence that the employee had engaged in "public homosexual activity" or "public homosexual conduct" and "that said activity or conduct render[ed] the employee unfit for service".[9] The factors that the board would consider in the determination of "unfitness for service" would "include, but not be limited to: (1) the likelihood that the activity or conduct may adversely affect students or other employees; (2) the proximity or remoteness in time or location of the conduct to the employee's responsibilities; (3) the extenuating or aggravating circumstances which, in the judgment of the board, must be examined in weighing the evidence; and (4) whether the conduct included acts, words or deeds, of a continuing or comprehensive nature which would tend to encourage, promote or dispose schoolchildren toward private or public homosexual activity or private or public homosexual conduct".[10]
The initiative further provided that a person could not be hired as a public school teacher, teacher's aide, administrator, or counselor if the person had "engaged in public homosexual activity or public homosexual conduct should the board determine that said activity or conduct render[ed] the person unfit for service".[11]
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A coalition of activists includingSally Gearhart,[4][12] Gwenn Craig,Bill Kraus,[13] openly gay San Francisco SupervisorHarvey Milk,[6] teacher (later president of San Francisco Board of Supervisors)Tom Ammiano, andHank Wilson mobilized under the slogan "Come out! Come out! Wherever you are!" to defeat the initiative. In what became the No On 6 campaign, gay men and lesbians went door to door in their cities and towns across the state to talk about the harm the initiative would cause.
Gay men and lesbians came out to their families, neighbors, and co-workers; spoke in their churches and community centers; sent letters to their local editors; and otherwise revealed to the general population that gay people really were "everywhere" and included people they already knew and cared about. In the beginning of September, the ballot measure was ahead in public opinion polls, with about 61% of voters supporting it while 31% opposed it. The movement against it initially succeeded little in shifting public opinion, even though major organizations and ecclesiastical groups opposed it. By the end of the month, however, the balance of the polls shifted to 45% in favor of the initiative, 43% opposed, and 12% undecided.[1][5]
A diverse group of politicians includingRonald Reagan,Jerry Brown,Gerald Ford, and then-presidentJimmy Carter all opposed the bill.[14]
Some gay Republicans also became organized against the initiative on a grassroots level. The most prominent of these, theLog Cabin Republicans, was founded in 1977 inCalifornia, as a rallying point for Republicans opposed to the Briggs Initiative. The Log Cabin Club then lobbied Republican officials to oppose the measure.
The former State Governor (and laterUS President)Ronald Reagan moved to publicly oppose the measure. Reagan issued an informal letter of opposition to the initiative, answered reporters' questions about the initiative by saying he was against, and, a week before the election, wrote an editorial in theLos Angeles Herald-Examiner opposing it.[15][16]
The timing of Reagan's opposition is significant because he was then preparing to run for president in the1980 Presidential Election, a race in which he would need the support of conservatives and those moderates who were very uncomfortable with homosexual teachers. At that very moment, he was actively courting leaders from thereligious right, includingJerry Falwell, who would go on to form theMoral Majority to fight out suchculture war issues the following year.[17] As Reagan biographerLou Cannon puts it, Reagan was "well aware that there were those who wanted him to duck the issue" but nevertheless "chose to state his convictions".[18] Cannon reports that Reagan was "repelled by the aggressive public crusades against homosexual life styles which became a staple of right wing politics in the late 1970s".[18] However, prominent LGBTQ activistDavid Mixner later noted how he secretly met with Reagan during this time and persuaded him to oppose the measure.[19][20]
Extensive excerpts from his informal statement were reprinted in theSan Francisco Chronicle of September 24, 1978.[citation needed] Reagan's November 1 editorial stated, in part, "Whatever else it is, homosexuality is not a contagious disease like the measles. Prevailing scientific opinion is that an individual's sexuality is determined at a very early age and that a child's teachers do not really influence this."[15][5]
While polls initially had shown support for the initiative leading by a large margin, it was defeated heavily following opposition by the gay community and prominent conservatives, moderates, and liberals alike.[21][22]
The initiative was defeated with 58 percent of the electorate voting against it.[3] The measure failed to gain majority support even in Briggs's own Orange County, at the time a conservative stronghold.[23]
| Choice | Votes | % |
|---|---|---|
 No | 3,969,120 | 58.4 |
| Yes | 2,823,293 | 41.6 |
| Valid votes | 6,792,413 | 95.3 |
| Invalid or blank votes | 339,797 | 4.7 |
| Total votes | 7,132,210 | 100.00 |
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