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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 20, 1995)
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Life Benefactors’ professional staff has the experience and know ledge to help you understand the steps necessary for cashing in your life insurance policy. N o application fees. Quick turnaround. Fully confidential. And, most importantly, maximum Tl I LT) ( ^ T T) value for your policy. For more information DCIlCIdUDrS, LJ!. \ \ m i< « F T T L F MF \ C O MP A N Y and a free videotape or brochure, please call Kit ('.arson at Life Benefactors, L.P., 1-800-285-5152. M T% national news And now to wait Amendment 2 has its day in the Supreme Court — but a verdict could be months away ▼ by Bob Roehr tion of “policy” within the amendment. Would it he future of gay men and lesbians in the United States was argued before preclude a local police department from determin ing that there was a problem of “gay-bashing” and the U.S. Supreme Court on Oct. 10. implementing a policy to deal with the problem? The case is Romer v. Evans, regard Jean E. Dubofsky was the attorney who argued ing the discriminatory Amendment 2 to Amendment 2. The former Colo approved by 53 percent of Colorado voters in in opposition 1992 rado Supreme Court judge criticized the amend and subsequently declared unconstitutional by the ment for its “unique combination of breadth and Colorado Supreme Court. depth.... It is targeting a group of people based on Amendment 2 prohibits state and local govern a particular characteristic.” ments and any of their agencies from granting “Why isn’t it special protection?” queried Jus "protected status based on homosexual, lesbian or tice Antonin Scalia of the local ordinances. bisexual orientation.” It would invalidate protec “They are laws of general applicability which tions for gay men and lesbians enacted by the cities apply to all ‘sexual orientation’: homosexual, bi of Denver, Boulder and Aspen. sexual, heterosexual,” replied Dubofsky. “I don’t think there is such a thing as ‘special rights.’ ” Observers of the court found all the justices unusually engaged in the questioning. They clearly rec ognized the importance of the case. There was a civility and comfort level afforded gay men and lesbians that had not been present in 1986, when the last major oral argument, the sodomy case of Bowers v. Hardwick, was before the court. One possible indicator of the verdict might be found in a decision handed down by the court last fall. In a 5-4 split, it struck down an initiative-driven term limitation on the congressional delegation adopted by Arkansas voters. But it is always difficult to pre dict a decision. The issue is a con tentious one, and it is likely to take several months before an opinion comes forth. The players soon were spinning <*> their interpretations of the case to the media, which packed the marble front plaza of the court. “They were asking questions about two different equal protection Plaintiffs at an Oct. 10 Undo 2 rally ideas,” said Matt Coles, a partici pating attorney with the American Civil Liberties The Colorado court ruled it unconstitutional Union. “One was asking about excluding people because it discriminated against gay men and les from the political process. If the court decides the bians while erecting a higher barrier (a constitu case on that basis, I think it will put an end to all the tional amendment) to future relief. In doing so it antigay initiatives we have seen around the coun “fenced out” one particular group of people from try.” the political process. Coles continued, “The other thing the court Colorado Solicitor General Timothy M. was talking about was whether there is a rational Tymkovich defended the amendment before the basis. Justice Kennedy said it appears you have U.S. Supreme Court as an expression of popular singled out gay people because you don’t like will and the state’s power to set its own policies. them. If the court bases the decision on that idea, “Is there any precedent in law?” quickly asked then I think it will bode very well for us in the one justice. Tymkovich offered only one citation military cases.” which was eviscerated by the justices. Kevin Tebedo is executive director of Colo “In all of U.S. history has there been another rado for Family Values, the group which pushed group so singled out?” asked Justice Sandra Day Amendment 2. He warned of dire consequences if O’Connor. There was no satisfactory answer. the court strikes down the amendment. Justice Ruth Bader Ginsburg was troubled by “I think you are going to see any type of the prohibition placed upon local government. compulsive-addictive behavior that is similar to “What is the rational basis for people outside of homosexuality—for instance pedophiles, polyga Aspen telling them what to do?” mists, kleptomaniacs, compulsive gamblers—that She noted that local government is the level chooses to form itself into a political lobby can most familiar to most Americans and often the first then claim that they are fenced out of the political to adopt new policies. She cited the historic ex process.” ample of women’s suffrage, where many localities But, he says, “if the court rules in favor of first extended the vote to women within their Amendment 2, you are going to see a number of jurisdiction prior to adoption of the 19th Amend states, both through their legislatures and through ment to the U.S. Constitution, which granted women the initiative process, doing Amendment 2-type the vote in all elections. laws in their states.” Justice Stephen Breyer questioned the defini T