Subject: US Supreme Court To Hear Argument On Colorado's Amendment 2
From: [email-masked]
Date: Tue, 10 Oct 1995 11:11:39 -0400

FOR IMMEDIATE RELEASE
Tuesday, October 10, 1995

Press Contact: Margie Hanssens
(212) 995-8585

The United States Supreme Court To Hear Argument On Colorado's Amendment 2

Lesbians and Gay Men Nation-Wide Anticipate High Court's Ruling on Issue of
Fundamental Importance 

(Washington,  October 10) - On October 10, 1995, the United States Supreme
Court will hear argument in Romer v. Evans, the challenge to Colorado's 1992
anti-gay ballot initiative.  The case is brought by Lambda Legal Defense and
Education Fund, along with the American Civil Liberties Union and several
Colorado attorneys, and it marks the first time in nine years that the high
court will hear a case that directly presents questions concerning the
application of constitutional protections to lesbians, gay men and bisexuals.
Former Colorado Supreme Court Justice Jean Dubofsky will argue for the
plaintiffs.  

" Amendment 2 is an outrageous violation of the Constitution,"   said Suzanne
B. Goldberg, staff attorney at Lambda Legal Defense and Education Fund.   "By
banning laws that would prohibit discrimination against lesbians, gay men and
bisexuals, it changes the political playing field, but only for people who
are gay," Goldberg added.

Beatrice Dohrn, Lambda's  legal director, added:   "In erecting its special
barrier for lesbians,  gay men, and bisexuals,  Amendment 2 violates a most
basic tenet of our constitution. Voters in a majority group cannot change the
rules of participation for members of a minority because they are unpopular.
 It is the most fundamental principle of our constitution that you can t do
that and still have a democracy."   

Under Amendment 2, most Coloradans retain their ability to seek redress from
their elected representatives.  However, under the amendment, lesbians and
gay men cannot seek redress for discrimination or even anti-gay violence
 legislatively.  Lesbians and gay men would be forced to seek amendment of
the state constitution  before government can provide to us what it remains
free to provide to anyone else.  Amendment 2 imposes upon gay people a much
more burdensome set of rules than those which apply to all other citizens who
have full access to  the ordinary political process. 

 By doing so, Amendment 2 violates the Fourteenth Amendment's Equal
Protection Clause, which guarantees all citizens the fundamental right to
participate in the political process on an equal footing with others.
 "Although Amendment 2 does not literally bar gay people from the voting
booth, the right to cast a vote is a hollow right if government cannot act on
the voter s behalf  because of who that voter is,"  said Goldberg. 

Although this case represents the first time such a measure will be examined
by the high court, Amendment 2 and similar ballot initiatives have been
invalidated repeatedly by courts around the country.  
 
Lambda's Executive Director, Legal Director, and a number of our staff
attorneys will be available for comment after the case is heard.

(The case is Romer v. Evans, Case No. 94-1039)