Your feedback ensures we stay focused on the facts that matter to you most—take our survey.

Colorado Amendment 2, No Protected Status for Sexual Orientation Initiative (1992)

From Ballotpedia
Jump to: navigation, search
Colorado Amendment 2

Flag of Colorado.png

Election date

November 3, 1992

Topic
LGBTQ issues
Status

OverturnedOverturned

Type
Initiated constitutional amendment
Origin

Citizens



Colorado Amendment 2 was on the ballot as an initiated constitutional amendment in Colorado on November 3, 1992. Voters approved Amendment 2, which the U.S. Supreme Court ruled violated the U.S. Constitution in 1996.

A “yes” vote supported providing that laws or regulations giving protected status to "homosexual, lesbian or bisexual orientation, conduct, practices or relationships" are unenforceable and violate the Colorado Constitution. 

A “no” vote opposed providing that laws or regulations giving protected status to "homosexual, lesbian or bisexual orientation, conduct, practices or relationships" are unenforceable and violate the Colorado Constitution.


Aftermath

Romer v. Evans

On May 20, 1996, the U.S. Supreme Court ruled that Amendment 2 violated the Equal Protection Clause. Justice Anthony Kennedy wrote the majority's opinion, which said, "Amendment 2 fails, indeed defies, even this conventional inquiry. First, the amendment has the peculiar property of imposing a broad and undifferentiated disability on a single named group, an exceptional and, as we shall explain, invalid form of legislation. Second, its sheer breadth is so discontinuous with the reasons offered for it that the amendment seems inexplicable by anything but animus toward the class it affects; it lacks a rational relationship to legitimate state interests."[1]

Election results

Colorado Amendment 2

Result Votes Percentage

Approved Yes

813,966 53.41%
No 710,151 46.59%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 2 was as follows:

An amendment to Article II of the Colorado Constitution to prohibit the state of Colorado and any of its political subdivisions from adopting or enforcing any law or policy which provides that homosexual, lesbian, or bisexual orientation, conduct, or relationships constitutes or entitles a person to claim any minority or protected status, quota preferences, or discrimination.


Constitutional changes

See also: Article II, Colorado Constitution

The ballot measure amended Section 30b of Article II of the Colorado Constitution. The following underlined text was added:[2]

Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self ­executing.[3]

Path to the ballot

See also: Signature requirements for ballot measures in Colorado

In Colorado, proponents needed to collect a number of signatures for an initiated constitutional amendment.

See also


External links

Footnotes