Romer V. Evans
Romer v. Evans
Kay Long
HIS303: The American Constitution
Instructor: Brandy Robinson
May 27, 2013
U.S. Supreme Court Decision: Romer v. Evans
An examination of the United States Supreme Court case Romer v. Evans, which was decided on May 20, 1996, is to be put forth in this paper. The case was argued on October 10, 1995. At issue was Amendment 2 to the State Constitution of Colorado “which precludes all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation, conduct, practices or relationships” (Romer v. Evans, 1995). The U.S. Supreme court held it violates the Equal Protection Clause. The opinion in favor was filed by Justice Kennedy, while the dissenting opinion was filed by Justice Scalia.
The referendum, Article II sec 30b of the Colorado Constitution, read as follows:
NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN, OR BISEXUAL ORIENTATION. Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices, or relationships shall constitute or otherwise be the basis of, or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing (Romer v. Evans, 1996). While many believed the law would prevent non-federal discrimination lawsuits based on sexual orientation as well as prevent the passage or the enforcing of existing laws prohibiting such discrimination, Amendment 2’s purpose was “generally inconsistent with mainstream American values” (Debbage Alexander, pg. 264). The State of Colorado argued the “measure does no more
Kay Long
HIS303: The American Constitution
Instructor: Brandy Robinson
May 27, 2013
U.S. Supreme Court Decision: Romer v. Evans
An examination of the United States Supreme Court case Romer v. Evans, which was decided on May 20, 1996, is to be put forth in this paper. The case was argued on October 10, 1995. At issue was Amendment 2 to the State Constitution of Colorado “which precludes all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation, conduct, practices or relationships” (Romer v. Evans, 1995). The U.S. Supreme court held it violates the Equal Protection Clause. The opinion in favor was filed by Justice Kennedy, while the dissenting opinion was filed by Justice Scalia.
The referendum, Article II sec 30b of the Colorado Constitution, read as follows:
NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN, OR BISEXUAL ORIENTATION. Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices, or relationships shall constitute or otherwise be the basis of, or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing (Romer v. Evans, 1996). While many believed the law would prevent non-federal discrimination lawsuits based on sexual orientation as well as prevent the passage or the enforcing of existing laws prohibiting such discrimination, Amendment 2’s purpose was “generally inconsistent with mainstream American values” (Debbage Alexander, pg. 264). The State of Colorado argued the “measure does no more
References: Debbage Alexander, S.,E. (2002). Romer v. evans and the amendment 2 controversy: The rhetoric and reality of sexual orientation discrimination in America. Texas Forum on Civil Liberties & Civil Rights, 6(2), 261-261. Retrieved from http://search.proquest.com/docview/207959714?accountid=32521 Mohr, R. D. (1996). Romer v. evans: A blow for justice. The Harvard Gay & Lesbian Review, 3(3), 6-6. Retrieved from http://search.proquest.com/docview/198677418?accountid=32521 ROMER v. EVANS. The Oyez Project at IIT Chicago-Kent College of Law. 17 May 2013. Retrieved from http://www.oyez.org/cases/1990-1999/1995/1995_94_1039