Tuesday, March 10, 2020

The Court’s memorable language in Romer v. Evans.

Revisiting Romer v. Evans. “The state had impermissibly made them ‘a stranger to its laws.’”

In the ‘Nineties, Colorado Amendment 2 prevented local jurisdictions in that state from enacting or enforcing protections of gay people. The Supreme Court, in Romer v. Evans, struck that law down in memorable language.

“[Justice] Kennedy felt that there was no possible justification for the law other than a specific animus against the group that it targeted, since its virtually limitless scope dwarfed the justifications that the state provided. …

First, the amendment is at once too narrow and too broad, identifying persons by a single trait and then denying them the possibility of protection across the board. This disqualification of a class of persons from the right to obtain specific protection from the law is unprecedented and is itself a denial of equal protection in the most literal sense. … the amendment raises the inevitable inference that it is born of animosity toward the class that it affects. Amendment 2 cannot be said to be directed to an identifiable legitimate purpose or discrete objective. It is a status-based classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit.”

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Digitalcommons_dot_law adds:
“‘These are protections … against exclusion from an almost limitless number of transactions and endeavors that constitute ordinary civic life in a free society.’ The Court concluded that Amendment 2 classified lesbians and gay men, not to further a proper legislative purpose, but to make them unequal to everyone else. In so doing, the state had impermissibly made them ‘a stranger to its laws.’”

[https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1457&context=lawreview]

[https://supreme.justia.com/cases/federal/us/517/620/]

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