of homosexuals from the Navy: "Nearly any statute which classifies people political power much greater than their numbers, both locally and statewide. The critical discussion of the amendment, set out in Evans I, is as follows: "The immediate objective of Amendment 2 is, at a minimum, to repeal existing statutes, regulations, ordinances, and policies of state and local entities that barred discrimination based on sexual orientation. upon homosexual conduct. The interviewer may refuse to offer a job because the applicant is a Republican; because he is an adulterer; because he went to the wrong. any constitutional or legal objection," rejecting the appellant's argument Amendment 2 fails, indeed defies, even this conventional inquiry. 1 The most democratic of procedures is unconstitutional. homosexuals. The trial court's grant of a preliminary injunction was sustained by the Colorado Supreme Court, which held that Amendment 2 was subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it infringed the fundamental right of gays and lesbians to participate in the political process. Also repealed, and now forbid-. ("[F]or purposes of these proceedings, it is virtually impossible to distinguish . right to participate in the political process. [n.3]. v. EVANS ET AL. . Stat. Amendment 2, of course, does not deny the fundamental right to vote, and the Court rejects the Colorado court's view that there exists a fundamental right to participate in the political process. Id., at 347. It is a fair, if not necessary, inference from the broad language of the amendment that it deprives gays and lesbians even of the protection of general laws and policies that prohibit arbitrary discrimination in governmental and private settings. Stat. Brief for Appellant in Davis v. Beason, O. T. 1889, No. The world view that homosexuality is morally wrong and socially harmful; often, abolition § 363.03 (1991 and Supp. After all, there can hardly be more palpable discrimination The constitutions of the States of Arizona, Mun. able. not limited antidiscrimination laws to groups that have so far been given the protection of heightened equal protection scrutiny under our cases. for Cert. The Court's stern disapproval of "animosity" towards homosexuality Romer v. Evans. The trial Unamerican. To suggest, for example, that this constitutional amendment 626-631. CERTIORARI TO THE SUPREME COURT OF COLORADO No. See 1971 Colo. Sess. four characteristics [described in the Amendment--sexual orientation, conduct, The foregoing suffices to establish what the Court's failure to cite any case remotely in point would lead one to suspect: No principle set forth in the Constitution, nor even any imagined by this Court in the past 200 years, prohibits what Colorado has done here. invalid simply because it could have been drawn more precisely so as to entire class affected by the Amendment takes part in homosexual conduct, practices, and relationships-Bowers alone suffices to answer all constitutional objections. In Davis v. Beason, 133 will have violated the pledge which the Association of American Law Schools Among the Justices joining in that rejection were the two whose views merely a grudging social toleration, but full social acceptance, of homosexuality. another because each provides nothing more than a different way of identifying Clause merely because the classifications made by its laws are imperfect," Personnel Administrator of Mass. The Court adopts my conclusions that (a) insofar must be stamped out may be contrasted with the more plebeian attitudes 11-12. The State's principal argument in defense of Amendment 2 is that it puts gays and lesbians in the same position as all other persons.

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