Tuesday, March 26, 2013

Romer v. Evans case brief

Romer v. Evans case brief summary
517 U.S. 620

Petitioners, the State of Colorado and State officials, appealed a decision from the Supreme Court of Colorado, which affirmed the district court's judgment that enjoined enforcement of an amendment to the Colorado Constitution that prohibited any action designed to protect a named class, homosexual persons or gays and lesbians.

-In Colorado, various ordinances that afforded protection to persons discriminated against by reason of sexual orientation gave rise to a statewide controversy. 
-In a statewide referendum, voters passed what was known as Amendment 2 (Colo. Const. art. II, § 30b). 
-Amendment 2 prohibited all legislative, executive, or judicial action at any level of state or local government designed to protect homosexual persons. 
-Respondents, homosexual persons and municipalities whose ordinances were invalidated, commenced litigation to declare Amendment 2 invalid and enjoin its enforcement.

The state supreme court affirmed the judgment that enjoined enforcement of Amendment 2. The United States Supreme Court affirmed.

-Amendment 2 violated the Equal Protection clause, U.S. Const. amend. XIV, because the classification was unrelated to any legitimate state interest. 
-Amendment 2 withdrew from homosexuals, but no others, specific legal protection from the injuries caused by discrimination, and it forbid reinstatement of protective laws and policies. 
-Amendment 2 thus classified homosexuals not to further a proper legislative end but to make them unequal to everyone else.

OUTCOME: The Court affirmed the judgment of the state supreme court.

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