PUTTING CIVIL-RIGHTS TO A POPULAR VOTE

Theory: Democratic theory and theories of public policy frame the conc ern for the rights of minorities in the face of majority opposition. H ypotheses: Without the filtering mechanisms of the representative syst em, direct democracy promotes majority tyranny as the scope of civil r ights conflicts expands and citizens vote on civil rights laws. Method s: The paper analyzes over three decades of initiatives and popular re ferenda from five major civil rights areas: housing and public accommo dations for racial minorities, school desegregation, gay rights, Engli sh language laws, and AIDS policies. Results: Citizen initiatives that restrict civil rights experience extraordinary electoral success: vot ers have approved over three-quarters of these, while endorsing only a third of all initiatives and popular referenda.