"Rover vs. Evans"

Paper Summary:

This paper briefly discusses this civil rights case which lead to the banning of discrimination based on sexual orientation in housing, employment, education, public accommodations, health and welfare services and other transactions and activities. It looks at how the decision was reached and at the parties involved.

From the Paper:

"This ordinance precluded all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation, conduct, practices or relationships." Respondents commenced litigation in state court against petitioner state parties to declare Amendment 2 invalid and enjoin its enforcement. The trial court granted a preliminary injunction, which was sustained by the Colorado Supreme Court, which held that Amendment 2 was subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it infringed the fundamental right of gays and lesbians to participate in the political process. On remand, the trial court found that the Amendment failed to satisfy strict scrutiny and enjoined Amendment 2's enforcement; the State Supreme Court affirmed; and the Supreme Court held that Amendment 2 violated the Equal Protection Clause. The state argued that Amendment 2 only puts gays and lesbians in the same position as all other persons by denying them special rights, and this was rejected as implausible."

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