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In the last ten years, the federal courts have turned away every claim for protection under made by lesbians and gay men. If lesbians and gay men want protection from discrimination, the courts said, they should look to legislatures, governors, city councils -- the political branches -- not to To a very large extent, the movement for lesbian and gay rights has taken the courts at has gone to the political branches for protection against discrimination. And while won every political battle in the past ten years, we have won a fair number. Between passed laws outlawing discrimination, as did scores and scores of cities. At the urging employees, many businesses adopted their own nondiscrimination policies, and many to recognize lesbian and gay relationships.
Colorado's Amendment 2 is the opposition's answer to the gay rights movement's Amendment 2 says the state of Colorado will have two different rules for passing civil for most citizens, which lets the legislature or a city council decide who ought to be and a special rule for lesbians, gay men and bisexuals, which says they can never be Amendment 2 is designed, quite simply, to end the political debate about whether protected by civil rights laws for good. The opposition's answer, since it can not defeat In Romer v. Evans, the Supreme Court will decide if Amendment 2 violates the equal federal Constitution, as the Colorado Supreme Court said it did. The decision could and gay rights movement in three significant ways.
First, the result itself will be important, of course. The effort to obtain state laws from discrimination continues. If the U. S. Supreme Court upholds the Colorado will be guaranteed the right to ask for the same civil rights protection that any other If it does not, in Colorado lesbians and gay men alone will be prevented from ever unless we convince the voters to change the rules again. A decision like that would also adopt similar changes in the rules for making laws, and in at least a few states, movement are sure to try to have similar rules changes adopted.
Second, the Court's reasoning will be important. Our challenge to Amendment 2 makes say, the federal Constitution guarantees everyone the fundamental right to have an government. Everyone should get the same chance to convince a state to adopt any means that any change in the structure of a state's government that creates different passed for different groups of citizens ought to be examined by the courts with deep upheld only if it is absolutely necessary to achieve some compelling nondiscriminatory This is the argument the Colorado Supreme Court accepted. If the U.
S. Supreme end to the recent rash of anti-gay initiatives that try to change the rules. Moreover, it device from being used against any other minority in the future (it has been used once Our second argument is that the discrimination built into Amendment 2 -- that civil protect anyone but lesbians and gay men -- can not be explained by anything other than gay men. Dislike of a group of citizens, we argue, is never a legitimate reason for argument -- that dislike is never a "rational basis" for different treatment -- has been as a way of obtaining at least some minimum protection from federal courts that are policies that explicitly discriminate against lesbians and gay men as any more suspicious between different sized-buildings in zoning regulations.
There are many cases in federal courts now where the issue is the constitutionality of and gay Americans because other Americans do not like them. Among them are the cases, which are likely to reach the Supreme Court in the next year; employment cases; gay student groups, and anti-gay violence cases, among others. If the Court in Romer issue, and agrees that hostility is not a legitimate basis for discrimination by involved in all those cases will be much more vulnerable. Finally, the Court's tone will be very important.
While it is not true that the Court's Hardwick completely explains the unwillingness of the federal courts to protect discrimination, it has been a major part of it. In Bowers, the Court took a case about a private sexual behavior of everyone and made it into a case about "homosexual laced with invective and contempt. The tone was not lost on federal courts, which took Bowers as an answer not just to lesbians and gay men, but as an answer to virtually every constitutional question implicitly deciding that the court which delivered the opinion in Bowers would be Court in Romer continues to treat lesbians and gay men with the respect it showed last that is sure to signal the lower federal courts that at least this part of the Bowers v. end, that the federal courts are not effectively closed to the constitutional claims of gay Perhaps more important, the tone of Bowers was not lost on the nation. Many as something of a constitutional conscience for the country. The message of Bowers immoral about raw hostility to lesbians and gay men.
If the Court adopts the tone of basic American notion of a level playing field in politics and upholds the Colorado debate about lesbians and gay men is likely to change significantly, and become much Bibliography:
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