October 10, 1995
Web posted at: 12:50 a.m. EDT
From Correspondent Anthony Collings
WASHINGTON (CNN) -- For the first time in almost a decade, the Supreme Court is about to consider a gay rights issue. Tuesday morning the court will hear oral arguments in a case that began in Colorado and could have far-reaching implications.
In 1992, Colorado voters passed Amendment 2, a voter- initiated ballot measure that barred state and local governments from enacting gay rights laws. Supporters of the amendment launched an intensive campaign for the measure, buying television time for ads that urged voters to vote yes "to protect Colorado."(485K QuickTime movie)
Gay men and lesbians were shocked after losing at the ballot box, and launched their own campaign against the amendment. They enlisted the support of celebrities like Barbara Streisand, calling for a nationwide boycott of tourism and other business in Colorado.
At the same time, they turned to the courts. Lesbians and gay men and three Colorado cities that had passed gay rights ordinances filed suit, claiming the amendment was unconstitutional. The Colorado Supreme Court agreed and tossed out the amendment.
But the State of Colorado, on behalf of the citizens who passed the measure, appealed to the U.S. Supreme Court.
"The people of Colorado did not vote out of hatred toward gays," said state Attorney General Gale Norton. "The people of Colorado voted about whether they want decisions made privately or by government. Colorado is not the hate state."(145K AIFF sound or 145K WAV sound)
But some Coloradans see gay rights laws -- usually local ordinances that ban discrimination based on sexual orientation -- as "special rights." Kevin Tebedo of Colorado for Family Values, the Colorado Springs organization that sponsored Amendment 2, said that the amendment would protect the rights of employers and landlords who don't want to be forced to hire or rent to gay men or lesbians.
"The American culture is not one that should affirm and legitimize homosexuality," he said.
Statements like Tebedo's lead gay rights advocates to claim that the vote for Amendment 2 was motivated by hate. They argue that Amendment 2 -- and other similar measures now being promoted in other states -- are designed specifically to shut gay men and lesbians out of the political process.
"If Amendment 2 is upheld, the effort to achieve any sort of protections for gay civil rights causes can be rolled back," said Jean Dubofsky, attorney for the gay advocates.(111K AIFF sound or 111K WAV sound)
Gay men advocates and gay rights opponents alike will watch Tuesday's oral arguments -- and the court's ultimate decision in the first half of next year -- closely. The Supreme Court's decision will help -- or hurt -- future efforts aimed at preventing gay men and lesbians from gaining access to civil rights protections.
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