Sunday, May 21, 2006

The "Hate State" Revisited

A modest rally at the Colorado State Capitol on Saturday marked the ten year anniversary of the 6-3 decision by the Supreme Court (delivered by Justice Kennedy) in Romer vs. Evans.

You may recall, that a majority of the citizens of Colorado had, in a 1992 referendum, generally referred to as "Amendment 2," voted to interject into the Colorado Constitution verbiage obviating and prohibiting any political subdivision (and other government/political entities) from enacting laws/ordinances, policies or regulations that would provide equal protection under the Constitution of the United States to gay folk.

The story by Claire Martin from this morning's Denver Post is here. (Kathryn Scott Osler was the photographer.)

It's hard to believe it's been ten years already. And, now, both nationally and here in Colorado the drum beat of that same old hot button is echoing in the halls of capitols and the hearts and minds of good Christian folk who've seemed to have lost both their political party and their president to, um, more important matters. But, the shame for Colorado is, of course, that our dour, dimwitted, Dubya buttboy, Senator Wayne Allard, is leading that hate brigade; is renewing those vivid memories of those dangerous and dividing times of more than a decade ago.

Haven't we come just a wee bit closer in over a decade, Senator, to an understanding of what the words "equal protection" mean.

We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the Equal Protection Clause, and the judgment of the Supreme Court of Colorado is affirmed.

Justice Kennedy writing for the majority

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