Early life[ edit ] Evans was born in SeattleWashington where he has lived as of [update] descended from a family that had first arrived in the Washington Territory in ; his grandfather had served in one of Washington's first state senates. He grew up in the Laurelhurst neighborhood and attended Roosevelt High School.
The Court has mistaken a Kulturkampf for a fit of spite. In holding that homosexuality cannot be singled out for disfavorable treatment, the Court contradicts a decision, unchallenged here, pronounced only 10 years ago, see Bowers v.
Whether it is or not is precisely the cultural debate that gave rise to the Colorado constitutional amendment and to the preferential laws against which the amendment was directed. Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions.
I agree that we need not resolve that dispute, because the Supreme Court of Colorado has resolved it for us. Of course Amendment 2 is not intended to have any effect on this legislation, but seeks only to prevent the adoption of anti-discrimination laws intended to protect gays, lesbians, and bisexuals.
See Brief for Respondents Evans et al.
This analysis, which is fully in accord with indeed, follows inescapably from the text of the constitutional provision, lays to rest such horribles, raised in the course of oral argument, as the prospect that assaults upon homosexuals could not be prosecuted.
The amendment prohibits special treatment of homosexuals, and nothing more. It would not affect, for example, a requirement of state law that pensions be paid to all retiring state employees with a certain length of service; homosexual employees, as well as others, would be entitled to that benefit.
Thus, homosexuals could not be denied coverage, or charged a greater premium, with respect to auto collision insurance; but neither the State nor any municipality could require that distinctive health insurance risks associated with homosexuality if there are any be ignored.
See ante, at 9. The only denial of equal treatment it contends homosexuals have suffered is this: They may not obtain preferential treatment without amending the state constitution. And it seems to me most unlikely that any multilevel democracy can function under such a principle.
For whenever a disadvantage is imposed, or conferral of a benefit is prohibited, at one of the higher levels of democratic decisionmaking i.
To take the simplest of examples, consider a state law prohibiting the award of municipal contracts to relatives of mayors or city councilmen.
Once such a law is passed, the group composed of such relatives must, in order to get the benefit of city contracts, persuade the state legislature—unlike all other citizens, who need only persuade the municipality.
But the Court cannot afford to make this argument, for as I shall discuss next, there is no doubt of a rational basis for the substance of the prohibition at issue here.
That proposition finds no support in law or logic. I turn next to whether there was a legitimate rational basis for the substance of the constitutional amendment—for the prohibition of special protection for homosexuals.
That holding is unassailable, except by those who think that the Constitution changes to suit current fashions. But in any event it is a given in the present case: If it is constitutionally permissible for a State to make homosexual conduct criminal, surely it is constitutionally permissible for a State to enact other laws merely disfavoring homosexual conduct.
After all, there can hardly be more palpable discrimination against a class than making the conduct that defines the class criminal. And a fortiori it is constitutionally permissible for a State to adopt a provision not even disfavoring homosexual conduct, but merely prohibiting all levels of state government from bestowing special protections upon homosexual conduct.
The Supreme Court of Colorado itself appears to be of this view. Each characteristic provides a potentially different way of identifying that class of persons who are gay, lesbian, or bisexual. If it is rational to criminalize the conduct, surely it is rational to deny special favor and protection to those with a self-avowed tendency or desire to engage in the conduct.
Just as a policy barring the hiring of methadone users as transit employees does not violate equal protection simply because some methadone users pose no threat to passenger safety, see New York City Transit Authority v.
Discharge of the particular plaintiffs before us would be rational, under minimal scrutiny, not because their particular cases present the dangers which justify Navy policy, but instead because the general policy of discharging all homosexuals is rational.
See also Ben-Shalom v. No principle set forth in the Constitution, nor even any imagined by this Court in the past years, prohibits what Colorado has done here. But the case for Colorado is much stronger than that.Bowers v.
Hardwick, legal case, decided on June 30, , in which the U.S. Supreme Court upheld (5–4) a Georgia state law banning rutadeltambor.com ruling was overturned by the court 17 years later in Lawrence v.
Texas (), which struck down a Texas state law that had criminalized homosexual sex between consenting adults.
A person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the Fourteenth Amendment.
Viability means the ability to live outside the womb, which usually happens between 24 and 28 weeks after conception. Colorado voters adopted Amendment 2 to their State Constitution precluding any judicial, legislative, or executive action designed to protect persons from discrimination based on their "homosexual, lesbian, or bisexual orientation, conduct, practices or relationships.".
Mar 26, · Lawrence v. Texas: Lawrence v.
Texas, legal case in which the U.S. Supreme Court ruled (6–3) on June 26, , that a Texas state law criminalizing certain intimate sexual conduct between two consenting adults of the same sex was unconstitutional.
The sodomy laws in a dozen other states were thereby invalidated. The. TOP. Opinion. BROWN, J., Opinion of the Court. MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court. This case turns upon the constitutionality of an act of the General Assembly of the State of Louisiana, passed in , providing for separate railway carriages for .
View this case and other resources at: Citation. U.S. , S. Ct. , L. Ed. 2d , U.S. Brief Fact Summary. Colorado.