Sunday, March 25, 2012

Romer v. Evans case brief

Romer v. Evans (1996)

First time court invalidated discrimination based on sexual orientation.

Challenge to Amendment 2 of CO constitution which says that CO laws should not adopt legislation entitling homosexuals to be entitled to claim minority status, quota preferences, protected status or claim of discrimination.

SC held that Amendment 2 of the CO constitution discriminated based on sexual orientation, said failed rational basis b/c there was no legitimate basis for denying homosexuals the same political process available to others. Ct says that “Amendment 2 fails, indeed defies, [rational basis] inquiry.”

Scalia, Thomas, Rehnquist (dissenting):
Says goal of the amendment is to preserve sexual mores, not to harm homosexuals. Argues that the majority is saying that there is not equal protection w/o preferential treatment. Adds that majority does not confront the issue as to whether homosexuals should be afforded special protection.

In entire majority opinion, the court never mentions Bowers, even though they say they’re overturning it.

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