The decision in Romer set the stage for Lawrence v. The state constitutional amendment failed rational basis review. The majority opinion in Romer stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'-the normal test for compliance with the Equal Protection Clause-is the governing standard". The Court ruled in a 6–3 decision that a state constitutional amendment in Colorado preventing protected status based upon homosexuality or bisexuality did not satisfy the Equal Protection Clause. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional. It was the first Supreme Court case to address gay rights since Bowers v. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. Kennedy, joined by Stevens, O'Connor, Souter, Ginsburg, Breyer Supreme Court of Colorado affirmed.Ĭhief Justice William Rehnquist Associate Justices John P. 1146 (1995).Īn amendment to the Colorado Constitution that prevents protected status under the law for homosexuals or bisexuals violates the Equal Protection Clause because it is not rationally related to a legitimate state interest. Preliminary injunction granted to plaintiffs, 1993 WL 19678 (Colo. Service 3509 96 Daily Journal DAR 5730 9 Fla.
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