Homosexuals: A Suspect Class?
...to the center of American life at the outset of the 1990's. It is almost
certain that lesbian and gay issues will be a more eminent aspect of the public
consciousness and American political scene in the coming decade than in any
other time in American history. Policy changes early in Bill Clinton's
administration created a heated debate over the military presence of gays and
lesbians, several states have passed amendments prohibiting laws that protect
homosexuals from discrimination, and nearly every religious organization in the
nation is facing tough questions ranging from the ordination of homosexuals to
homosexual marriages. Furthermore, the homosexual community is more prominent
than ever: Lesbians and gay men are fighting for civil rights in the courtroom
and in Congress, there are gay characters on prime-time television shows, well-
known public figures openly discussing their homosexuality, and there is
virtually no one who can claim that they have never had contact with a
homosexual. In the middle of all this publicity, there lingers a pending
Supreme Court case in which the fate of the homosexual lies: Romer v. Evans, a
case that dominated Colorado that has come to "symbolize the controversy over
gay legal rights" throughout the nation. This paper will trace the elements
behind that case, and attempt to focus on the steps the Supreme Court will
follow to determine whether homosexuality must be legally considered a "suspect
class" for the purposes of "quota preferences, protected status or claim of
discrimination" as outlined by Colorado's now-famous Amendment 2.
Amendment 2 does away with any attempt to protect homosexuals as a group
that needs special rights because of discrimination. It was enacted after a
statewide referendum, in which 53% voted for the measure. Richard Evans sued
the state and Governor Romer (who, ironically, opposed the...
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