Colorado court refuses to enact anti-gay measure
NATIONAL
DENVER (AP) —
The Colorado
Supreme Court
refused Monday to
put into force the gay
rights amendment
that triggered a nationwide boycott ol t-ol
orado, saying the law probably violates the
U.S. Constitution.
An actual ruling on the amendment's
constitutionality will come when a civil
lawsuit goes to trial in October
In the meantime, the state Supreme
Court said in a 6-1 decision that it found
no reason to lift an injunction prevent
ing Amendment 2 from taking effect.
The court said the initiative "to a rea
sonable probability" violates the U.S. Con
stitution's 14th Amendment, whii h for
bids states from denying equal protection
under the Inws to anyone.
Amendment 2. approved Nov 4 by 53
percent of Colorado's voters, would ban
state and local laws prohibiting dis< rim
ination hased on sexual orientation. It also
would strike down gay-rights ordinances
on the books in Aspen. Boulder and Den
ver.
The court acknowledged that Amend
ment 2 was passed bv a majority, hut said
"One’s right to life, liberty and property
and other fundamental rights may not
be submitted to vote; they depend on the
outcome of no election*."
The decision was hailed by civil rights
advocates while Amendment 2 support
ers said they remained optimistic the mea
sure ultimately would became law
A Denver legal expert said the decision
means Amendment 2 is unlikely to pass
constitutional muster when the lawsuit
challenging the initiative goes to trial
"It looks as though the Colorado courts
are ready to strike it down The question
is. will the (U S.) Supreme Court take the
case,’’ said John Reese, a l Iniversity of Den
ver law professor whose specialty is con
stitutional law
While Amendment 2 has never taken
effect, it has become a rallying ground for
gay rights a< tivists and led to a nationwide
boycott targeting Colorado While the hoy
cott cost the stale millions of dollars in
convention business, it so far has not
nppret iably affix.tin! tourism, officials say
The lawsuit challenging the amendment
is to lie heard by Denver District Judge Jef
frey Bayless, who issued the injunction
|an 15 !< uni filed bv nine Individual*
and the three cities that had gay-right*
ordinance*.
The state Supreme Court said Amend
ment 2 alters the political pro* ess su that
a "targeted c lass" is denied uc:< ess to tra
ditional protections from discrimination
"Amendment 2 singles cait and pmhihits
this class of persons from seeking gov
ernmental ac tion favorable to it and thus,
from participating equally in the politic al
process." the c ourt said.
"No other identifiable group faces sue h
a burden — no other group s ability to par
ticipate in the political process is restrii t
ed and encumbered in a like manner, the
ruling said
The author of Amendment 2. Will
Perkins of Colorado Springs, one of the
founders of Colorado for Family Values,
said if the amendment is voided at the
October trial, "we ll have to wait and see
when it gets to the U S Supreme ( ourt "
Any decision to appeal an adverse rul
ing would Ih> up to the state
Colorado Attorney Oenerul (.ale Norton,
who argued on behalf of the state to over
turn the injunction, said she was detailing
whether to appeal the opinion to the U S
Supreme l -ourt or unvote tier one a % i'iwr
gies to the (.)< toiler trial
Norton said it was noteworthy that the
court "did not find that the people of Col
orado acted out of hatred."
(iov Kov Router said Monday’s dm ision
should be appealed to the U S Supreme
Court because the ruling was based on rou
st itutionnl interpretations
lames Joy. oxer utive director of the
American Civil Liberties Union in Col
orado. hailed Monday's ruling, but not
ed the pending trial and possible appeal
mean the issue is far from dead
"We ttelieve this is a vu tury for all peo
pie m Colorado and for our system of gov
eminent We must i>e prepared to |>ersist."
he said
The ruling was also praised by Suzanne
Coldherg, .1 New York itased staff attorney
fur launlMla Legal Defense and (-.duration
Fund, a national gay and lesbian < ivil
rights group
"It's nil important affirmation that the
Constitution prole* ts the t ivil rights of all
people and that our democrat it system
will not tolerate a two t lassi iti/euship,
whit It is what Amendment Z attempts to
impose on Colorado, she said
Post office
plea made
WASHINGTON (AP) — Pros
ecutors secured a key guilty
plea Monday in their probe of
the House Post Office, and court
documents suggested that Rep.
Dan Rostenkowski, one of the
most powerful members of Con
gress, may have been a recipient
of embezzled funds in the case.
Former House Postmaster
Robert V Rota pleaded guilty to
conspiracy and embezzlement
charges for helping one former
lawmaker and one current
member of Congress obtain cash
illegally for personal use. by
submitting official House
vouchers
Papers released in the i ase
said Rota, in the 1970s and
1080s, aided and abetted a
“Congressman A and Congress
man H” in "willfully and know
ingly" embezzling money that
was converted to the lawmak
ers' personal use.
One embezzlement count s.ns
Rota "aided and abetted Con
gressman A in willfully and
knowingly embezzling and con
verting to Congressman A s own
use" the post office funds
The same language is used for
Congressman B
Rostenkowski's office had no
immediate comment.
J .M.ncK>cW°!£lil«*T*«
•sgSrsv
28 OZ Rey CO.
W - ,
.^sUP
-"•"STS*5189
^cR^r-r^s,».
WWO^K*«^tT
- "»aSSaa^
hot
a/nacK
BreaOStoP
Wtoocbohs59
rk RW179
«ettonCH.cKeN«*"~
^ate-nar,tetree Reg2os
<1.55
«SSStWTSfS s'*19
H0" 6 to 10 02 «**
KH ic "rotato 1 ^JjrfetS
BfiS&^eoz «eo1« 91
oz
W&S”"avo"oz
new everv<*av 6 c
jsssr*r~
*NEWeven£»v 2
»0^Pr*ce% opfU»S A
$3.05
$4.20
$4.75
$5.95
125 W 11th Avenue 342-8666
Outside Seating Everyday!
*r
Open II m
ttiHntitiMi
13th & Alder • On Campus • 343 0681