Romer v. Evans

Date: May 20, 1996

Citation: 116 S.Ct. 1620

Issue: Gay and lesbian rights

Significance: The Supreme Court struck down the amendment to the Colorado state constitution that prohibited state officials from acting to protect homosexuals from discrimination.

Justice Anthony M. Kennedy wrote the opinion for the 6-3 majority, overturning a Colorado constitutional amendment approved by the voters that prohibited any executive, legislative, or judicial action designed to protect homosexuals from discrimination. Kennedy found that such a broad and undifferentiated disability placed on a single named group clearly violated the Fourteenth Amendment’s equal protection clause. Further, the amendment lacked rationality in its connection to legitimate government interests. Beyond these critical concerns, Kennedy attacked the amendment on many very fundamental grounds for multiple violations of the Constitution and the most elementary considerations of the rule of law. Nonetheless, Justice Antonin Scalia dissented and was joined by Justice Clarence Thomas and Chief Justice William H. Rehnquist.

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