While the United States has a long tradition of advancing the rights of citizens who previously had experienced discrimination, once progress occurs, voters very rarely have re-imposed discrimination. In fact, passage of Question One marks only the third occasion since World War II in which voters had taken away a fundamental right that either the legislature or the courts had conferred upon a minority group.

The other two occasions occurred in California: last year, when Californians passed Proposition 8; and in 1964, when voters approved Proposition 14, which overturned a California law prohibiting racial discrimination when buying and selling homes. The U.S. Supreme Court eventually held that Proposition 14 violated the U.S. Constitution; a federal court challenge to Proposition 8, filed by former Bush Solicitor General Theodor