Colorado Amendment 2 violates the Equal Protection Clause

E390637

Colorado Amendment 2 violates the Equal Protection Clause is the central constitutional holding in Romer v. Evans, where the U.S. Supreme Court struck down a Colorado measure that barred legal protections for gay, lesbian, and bisexual people.

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Predicate Object
instanceOf United States constitutional law principle
constitutional holding
legal doctrine
announcedInCase Romer v. Evans
appliesTo Colorado Amendment 2
articulatedBy Anthony M. Kennedy
surface form: Justice Anthony Kennedy
basedOn Equal Protection Clause
surface form: Equal Protection Clause of the Fourteenth Amendment
branchOfLaw civil rights law
constitutional law
centralHoldingOf Romer v. Evans
citedIn cases challenging laws motivated by animus
subsequent LGBT rights litigation
clarifies scope of equal protection for sexual minorities
constitutionalLevel federal constitutional law
constitutionalProvisionInterpreted Equal Protection Clause
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
decisionDate 1996
geographicScope Colorado
surface form: State of Colorado
heldByCourt Supreme Court of the United States
historicalContext 1990s LGBT rights backlash
influenced doctrine on laws motivated by animus
later equal protection jurisprudence on sexual orientation
involves local antidiscrimination ordinances
state constitutional amendment
jurisdiction United States of America
surface form: United States
legalEffect invalidated Colorado Amendment 2
prohibits states from singling out gay, lesbian, and bisexual people for broad legal disabilities
limits state power to withdraw antidiscrimination protections from a targeted group
majorityOpinionAuthor Anthony M. Kennedy
surface form: Justice Anthony Kennedy
opposedByDissent Antonin Scalia
surface form: Justice Antonin Scalia

Clarence Thomas
surface form: Justice Clarence Thomas

William H. Rehnquist
surface form: Justice William H. Rehnquist
protects bisexual people
gay people
lesbian people
reasoningFeature law failed even rational basis review
law imposed a broad and undifferentiated disability on a single named group
law lacked a legitimate governmental purpose
law was born of animosity toward a politically unpopular group
reasoningStandard rational basis review
relatedTo LGBT rights in the United States
civil rights law
sexual orientation discrimination
sourceCaseCitation Romer v. Evans
surface form: Romer v. Evans, 517 U.S. 620 (1996)
supportsPrinciple bare desire to harm a politically unpopular group is not a legitimate governmental interest
government may not make a class of persons strangers to its laws

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Romer v. Evans holding Colorado Amendment 2 violates the Equal Protection Clause