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Romer v. Evans
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Romer v. Evans : ウィキペディア英語版
Romer v. Evans

''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.
The Court ruled in a 6–3 decision that a state constitutional amendment in Colorado preventing protected status based upon homosexuality or bisexuality did not satisfy the Equal Protection Clause. The majority opinion in ''Romer'' stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'—the normal test for compliance with the Equal Protection Clause—is the governing standard".〔〔.〕 The state constitutional amendment failed rational basis review.
The decision in ''Romer'' set the stage for ''Lawrence v. Texas'' (2003), where the Court overruled its decision in ''Bowers'',〔 for the Supreme Court ruling striking down Section 3 of the Defense of Marriage Act in ''United States v. Windsor'' (2013), and for the Court's ruling striking down state bans on same-sex marriage in ''Obergefell v. Hodges'' (2015). Justice Anthony Kennedy authored all four opinions, and was joined by Justices Breyer and Ginsburg in every one.
==Passage of Amendment 2==

In 1992, Colorado voters approved by initiative an amendment to the Colorado state constitution (Amendment 2) that would have prevented any city, town, or county in the state from taking any legislative, executive, or judicial action to recognize homosexuals as a protected class. The amendment stated:
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.〔

That amendment was approved by a vote of 53% to 47%. According to public opinion surveys, Coloradans strongly opposed discrimination based upon sexual orientation, but at the same time they opposed affirmative action based upon sexual orientation, and the latter concern is what led to the adoption of Amendment 2. The governor of Colorado, Roy Romer, opposed the measure, but also opposed retaliatory boycotts against his state.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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