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Amendment 2 was a ballot measure approved by Colorado voters on November 3, 1992, simultaneously with the United States presidential election. The amendment prevented municipalities from enacting anti-discrimination laws protecting gay, lesbian, or bisexual people.
The amendment's enactment prompted a widespread boycott. It was declared unconstitutional by the Supreme Court of the United States in Romer v. Evans (1996).
The proposal appeared on the ballot as follows: [1]
Shall there be 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?
Several major cities in Colorado enacted laws prohibiting anti-gay discrimination, including Aspen in 1977, Boulder in 1987, and Denver in 1991. [2] Literature from Colorado for Family Values (CFV), a conservative group based in Colorado Springs, presented municipal anti-discrimination laws as the first steps towards a "national 'gay-rights' law." [3]
In March 1992, CFV submitted the required signatures for a ballot initiative. [4] Their amendment would add the following passage to the state Constitution:
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. [5]
The text of the amendment focuses on the issue of "special rights" being given to homosexuals; this contrasts with the actual municipal ordinances at issue, which only protected homosexuals from discrimination. [6] A focus group paid for by Equal Protection Ordinance Colorado [7] found that while Coloradans didn't agree with anti-gay discrimination, they disliked anything related to affirmative action. [8]
The amendment was opposed by the ACLU, the League of Women Voters, Governor Roy Romer, Senate candidate Ben Nighthorse Campbell and Representative Pat Schroeder. [2]
A poll taken by Talmey-Drake shortly before the election indicated that Amendment 2 would fail, with 42% voting for it and 52% voting against. [9] On Election Day, however, Amendment 2 was approved with a margin of almost 7 points.
| County [10] | Yes | No | Invalid votes | ||
|---|---|---|---|---|---|
| Votes | % | Votes | % | ||
| Adams | 55,400 | 54.36% | 46,520 | 45.64% | 3,140 |
| Alamosa | 2,666 | 59.38% | 1,824 | 40.62% | 1,060 |
| Arapahoe | 98,498 | 54.79% | 81,290 | 45.21% | 6,005 |
| Archuleta | 1,430 | 53.66% | 1,235 | 46.34% | 194 |
| Baca | 1,963 | 79.03% | 521 | 20.97% | 168 |
| Bent | 1,579 | 71.64% | 625 | 28.36% | 113 |
| Boulder | 48,704 | 38.61% | 77,432 | 61.39% | 4,722 |
| Chaffee | 3,922 | 64.30% | 2,178 | 35.70% | 277 |
| Cheyenne | 802 | 69.32% | 355 | 30.68% | 71 |
| Clear Creek | 2,046 | 46.49% | 2,355 | 53.51% | 102 |
| Conejos | 1,833 | 56.71% | 1,399 | 43.29% | 430 |
| Costilla | 628 | 48.27% | 673 | 51.73% | 508 |
| Crowley | 894 | 65.11% | 479 | 34.89% | 107 |
| Custer | 897 | 65.86% | 465 | 34.14% | 53 |
| Delta | 5,985 | 58.65% | 4,220 | 41.35% | 565 |
| Denver | 82,030 | 40.22% | 121,919 | 59.78% | 16,704 |
| Dolores | 509 | 66.02% | 262 | 33.98% | 89 |
| Douglas | 23,750 | 59.71% | 16,024 | 40.29% | 700 |
| Eagle | 4,087 | 38.53% | 6,520 | 61.47% | 403 |
| Elbert | 3,499 | 67.28% | 1,702 | 32.72% | 167 |
| El Paso | 105,518 | 65.88% | 54,653 | 34.12% | 9,538 |
| Fremont | 9,865 | 66.85% | 4,893 | 33.15% | 534 |
| Garfield | 6,651 | 48.29% | 7,122 | 51.71% | 334 |
| Gilpin | 752 | 43.09% | 993 | 56.91% | 27 |
| Grand | 2,519 | 51.78% | 2,346 | 48.22% | 115 |
| Gunnison | 2,442 | 43.34% | 3,193 | 56.66% | 182 |
| Hinsdale | 219 | 47.20% | 245 | 52.80% | 19 |
| Huerfano | 1,616 | 58.64% | 1,140 | 41.36% | 349 |
| Jackson | 568 | 61.01% | 363 | 38.99% | 42 |
| Jefferson | 119,970 | 55.06% | 97,927 | 44.94% | 8,033 |
| Kiowa | 811 | 80.78% | 193 | 19.22% | 40 |
| Kit Carson | 2,240 | 65.12% | 1,200 | 34.88% | 258 |
| Lake | 1,454 | 50.93% | 1,401 | 49.07% | 110 |
| La Plata | 7,001 | 46.14% | 8,173 | 53.86% | 848 |
| Larimer | 52,973 | 53.81% | 45,464 | 46.19% | 2,281 |
| Las Animas | 4,601 | 73.80% | 1,633 | 26.20% | 540 |
| Lincoln | 1,618 | 72.36% | 618 | 27.64% | 90 |
| Logan | 5,047 | 61.73% | 3,129 | 38.27% | 374 |
| Mesa | 24,214 | 55.65% | 19,301 | 44.35% | 1,539 |
| Mineral | 227 | 52.30% | 207 | 47.70% | 21 |
| Moffatt | 2,865 | 57.60% | 2,109 | 42.40% | 211 |
| Montezuma | 4,339 | 58.59% | 3,067 | 41.41% | 393 |
| Montrose | 7,107 | 62.21% | 4,318 | 37.79% | 532 |
| Morgan | 5,324 | 63.59% | 3,048 | 36.41% | 646 |
| Otero | 4,903 | 64.97% | 2,643 | 35.03% | 980 |
| Ouray | 783 | 51.08% | 750 | 48.92% | 69 |
| Park | 2,323 | 55.36% | 1,873 | 44.64% | 146 |
| Phillips | 1,498 | 68.25% | 697 | 31.75% | 139 |
| Pitkin | 2,026 | 28.09% | 5,187 | 71.91% | 330 |
| Prowers | 3,858 | 75.97% | 1,220 | 24.03% | 487 |
| Pueblo | 33,032 | 59.63% | 22,360 | 40.37% | 3,017 |
| Rio Blanco | 1,689 | 60.93% | 1,083 | 39.07% | 95 |
| Rio Grande | 2,940 | 66.65% | 1,471 | 33.35% | 254 |
| Routt | 3,997 | 49.86% | 4,019 | 50.14% | 222 |
| Saguache | 1,070 | 52.71% | 960 | 47.29% | 218 |
| San Juan | 206 | 46.82% | 234 | 53.18% | 20 |
| San Miguel | 855 | 33.86% | 1,670 | 66.14% | 156 |
| Sedgwick | 638 | 58.96% | 444 | 41.04% | 451 |
| Summit | 3,278 | 39.84% | 4,950 | 60.16% | 191 |
| Teller | 4,163 | 60.95% | 2,667 | 39.05% | 203 |
| Washington | 1,788 | 71.09% | 727 | 28.91% | 136 |
| Weld | 30,830 | 59.31% | 21,148 | 40.69% | 3,063 |
| Yuma | 3,026 | 69.72% | 1,314 | 30.28% | 218 |
| Totals | 813,966 | 53.41% | 710,151 | 46.59% | 73,049 |
Following the vote, there were calls among liberals to boycott Colorado. A large part of the boycott was centered around tourism, a major industry in the state; many national organizations cancelled conventions that were planned to be held in Colorado and several city government banned official travel to the state. [11]
Some Hollywood productions moved away from Colorado, including Laurel Entertainment's The Stand miniseries. The boycott also prompted the creators of the in-production series Frasier to change the setting from Denver to Seattle. [12] [11]
The tourism industry lost about $40 million as a result of the boycott. A more drastic effect could be seen in film production, where revenue fell from about $28 million a year to $15 million. [11]
The amendment was challenged in court by Denver municipal employee Richard G. Evans. On January 15, several hours before the amendment was scheduled to be signed into law, Denver District Court judge Jeff Bayless issued a temporary restraining order, giving himself a few more hours to review the case. [13] Later that day, he issued a permanent injunction against the amendment. [14] The state supreme court would find it unconstitutional in 1994, a position affirmed by the United States Supreme Court in 1996. [5] Boycott Colorado, the main organization supporting the boycott, rescinded the call following the state supreme court's ruling. [11]
Romer v. Evans, 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional.
Oregon Ballot Measure 9 was a 1992 citizens' initiative concerning LGBT rights in the state of Oregon. It sought to amend the Oregon Constitution to prohibit anti-discrimination laws regarding sexual orientation and to declare homosexuality to be "abnormal, wrong, unnatural, and perverse". Listing homosexuality alongside pedophilia and sadism and masochism, it has been described as one of the harshest anti-gay measures presented to voters in American history.
This is a list of notable events in the history of LGBT rights that took place in the year 1996.
This is a list of notable events in the history of LGBT rights that took place in the year 1993.
This is a list of notable events in the history of LGBT rights that took place in the year 1992.
This is a list of notable events in the history of LGBT rights that took place in the year 1995.
Roy Rudolf Romer is an American politician who served as the 39th Governor of Colorado from 1987 to 1999, and subsequently as the superintendent of the Los Angeles Unified School District from 2000 to 2006.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population, and the rights of transgender youth are restricted.
OUT FRONT Magazine is an LGBT newspaper and daily online publication in the Denver metropolitan area. OUT FRONT was founded by Phil Price with its first issue hitting the stands on April 2, 1976. OUT FRONT is the second oldest independent LGBT publication in the United States.
Lesbian, gay, bisexual and transgender people (LGBT) in the Philippines face some legal challenges not faced by non-LGBT people, with numerous anti-discrimination legislations, bills and laws that are struggling to be passed on a national level to protect LGBT rights nationwide, with some parts of the country only existing on a local government level. LGBT individuals in the Philippines are often faced with disadvantages and difficulties in acquiring equal rights within the country. They also have a higher rate of suicide and suicide ideation compared to their heterosexual counterparts.
Colorado Amendment 43 was a referendum approved by the voters in 2006 that added a new section to Article II of the Colorado Constitution to define marriage in Colorado as only a union between one man and one woman. It passed with 56% of the vote.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBT persons varies widely. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen homosexual activity is punishable by death. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Michigan enjoy the same rights as non-LGBT residents. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage is legal. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Colorado enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBT people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Indiana enjoy most of the same rights as non-LGBT people. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.
Jean Dubofsky is the first woman to become a Colorado Supreme Court Justice and a former Deputy Attorney General for Colorado. She was the lead attorney in Romer v. Evans, the case that overturned Colorado Amendment 2 at the US Supreme Court, resulting in a landmark ruling for LGBT rights in the United States.
