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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. [1]
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On November 3, 1992, Colorado voters approved Amendment 2, which added language to the state constitution that prohibited the state and all of its subdivisions from allowing "homosexual, lesbian or bisexual orientation, conduct, practices or relationships" to provide the basis for any "claim any minority status, quota preferences, protected status or claim of discrimination." In 1994, the Colorado Supreme Court found the amendment unconstitutional. [2] In 1996, the U.S. Supreme Court held in Romer v. Evans that the amendment, because it "allows discrimination against homosexuals and prevents the state from protecting them", was "motivated by animus towards homosexuals" and violated their rights under the equal protection clause of the Fourteenth Amendment. [3]
The amendment was drafted by Lieutenant Governor Jane Norton and her husband, former U.S. Attorney Michael J. Norton. [4] Lieutenant Governor Norton explained "If we really don't take a stand now, it's really a matter of time before we lose the uniqueness of marriage. If we lose the uniqueness of marriage, we lose a fundamental building block of society." [5]
The amendment provided that the only marriages recognized under the state constitution would be between a man and a woman whether licensed and celebrated as provided by law or established by common law by a couple who live together and hold themselves out publicly as husband and wife. [6]
At the time the amendment was adopted, the benefits of marriage in Colorado included collecting benefits such as pensions, life insurance, and workers' compensation without being designated as a beneficiary; jointly incurring and being held liable for debts; making medical treatment decisions for each other; protection from discrimination based on marital status in areas such as employment and housing; filing income taxes jointly; and ending a marriage and distributing property through a legal process.
Groups in favor of Amendment 43 contended that it would preserve the commonly accepted and historical definition of marriage and that the marriage of a man and woman provides an optimal environment for creating, nurturing, and protecting children and preserving families. They also aimed to prevent the state courts from expanding the definition of marriage to same-sex couples.
Groups opposed to the amendment argued that it was inappropriate to add the definition of marriage to the constitution's Bill of Rights, which defines individual rights. They also argued the amendment was itself an unconstitutional form of discrimination, and redundant in that same-sex marriage was already prohibited by both state and federal statute.
The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex (gay) or other unmarried homosexual couples.
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.
This is a list of notable events in the history of LGBT rights that took place in the year 2004.
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.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
This is a list of notable events in the history of LGBT rights that took place in the year 2005.
While rights have advanced significantly since the start of the 21st century, lesbian, gay, bisexual and transgender (LGBT) people in Georgia still face some legal challenges that non-LGBT people do not experience. Georgia is one of only a few countries in the former Soviet space that directly prohibits discrimination against all LGBT people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution. Despite this, homosexuality is still considered a major deviation from the highly traditional Orthodox Christian values prevalent in the country, where public discussions of sexuality in general tend to be viewed in a highly negative light. Consequently, homosexuals are often targets of abuse and physical violence, often actively encouraged by religious leaders. According to the 2021 International Social Survey Programme (ISSIP) study, 84% of the Georgian public thinks that sexual relations between two adults of the same sex are always wrong, which is the highest score in Europe.
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Colorado enjoy most of 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) persons in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
North Carolina Amendment 1 was a legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina to prohibit the state from recognizing or performing same-sex marriages or civil unions. The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%. On May 23, 2012, the amendment took effect.
This is a list of notable events in the history of LGBT rights that took place in the year 2012.
This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.
This is a list of notable events in the history of LGBT rights that took place in the year 2015.
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.
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.
