Attention, DU Lawyers: Could Prop 8 be challenged under Roemer?

[ruggerson]

Roemer V Evans

Romer v. Evans, 517 U.S. 620 (1996), was a United States Supreme Court case dealing with civil rights and state laws. The Court gave its ruling on May 20, 1996 against an amendment to the Colorado state constitution that would have prevented any city, town or county in the state from taking any legislative, executive, or judicial action to protect homosexual citizens from discrimination on the basis of their sexual orientation.

Rejecting the state's argument that Amendment 2 merely blocked gay people from receiving "special rights", Kennedy wrote:

"To the contrary, the amendment imposes a special disability upon those persons alone. Homosexuals are forbidden the safeguards that others enjoy or may seek without constraint."

Doesn't Prop 8 attempt to do the exact same thing that Amendment 2 in Colorado did? i.e; imposing a special disability upon one group of citizens that seeks the right to marry?

[Guaranteed]

1. An apt precedent.

Yes- your argument works (on the basis of equal protection).

It can also be built upon- pretty much, the California initiative process is flawed. We shouldn't be amending the Constitution by majority vote.

[Cronus Protagonist]

2. It can be challenged under The Constitution much better, IMHO

Separate is not equal. Tons of precedent. Constitutional argument.

[Gregorian]

3. Recommend and a kick

Why are they allowing propositions that are unconstitutional? It's clearly not going to be anything but a waste of taxpayer time, in the long run. BOOOO! Hiss!

This is not still the dark ages.

[Manifestor_of_Light]

4. Yes that would work.

Also, no ex post facto laws allowed.
Equal protection clause of the 14th Amendment.
Full faith and credit clause of the constitution.

[Guaranteed]

5. Prop 8 isn't ex post facto (not criminal)

and the Full Faith and Credit Clause doesn't come into play (yet)- this is an intra-state conflict.

[elleng]

6. Could be.

If so, why did Cal go ahead with it?

[ROh70]

7. Sorry, it doesn't work.

Romer was saying amendment 2 was preventing gays from using the political process to seek favorable legislation. With Prop 8, gay and lesbians can lobby the state legislature or pass their own proposition to repeal Prop 8.