1992 Colorado Amendment 2

Amendment 2 was a ballot measure approved by Colorado voters on November 3, 1992, simultaneously with the United States presidential election. The amendment prevented municipalities from enacting anti-discrimination laws protecting gay, lesbian, or bisexual people.

The amendment's enactment prompted a widespread boycott. It was declared unconstitutional by the Supreme Court of the United States in Romer v. Evans (1996).

Contents

The proposal appeared on the ballot as follows:^[1]

Shall there be an amendment to Article II of the Colorado Constitution to prohibit the state of Colorado and any of its political subdivisions from adopting or enforcing any law or policy which provides that homosexual, lesbian, or bisexual orientation, conduct, or relationships constitutes or entitles a person to claim any minority or protected status, quota preferences, or discrimination?

Campaign

Several major cities in Colorado enacted laws prohibiting anti-gay discrimination, including Aspen in 1977, Boulder in 1987, and Denver in 1991.^[2] Literature from Colorado for Family Values (CFV), a conservative group based in Colorado Springs, presented municipal anti-discrimination laws as the first steps towards a "national 'gay-rights' law."^[3] CFV received support from national organizations involved in anti-gay campaigns, including Focus on the Family, which had moved its headquarters to Colorado Springs the year before. Focus on the Family donated campaign materials including a strategy guide for activists produced by the Family Research Council.^[4]

In March 1992, CFV submitted the required signatures for a ballot initiative.^[5] Their amendment would add the following passage to the state Constitution:

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.^[6]

Taking advantage of public hostility toward affirmative action, campaigners invoked the idea of "special rights".^[7] In contrast to the actual municipal ordinances at issue, which only protected homosexuals from discrimination,^[8] the idea of "special rights" was used to persuade voters that gays and lesbians were seeking privileges for a chosen way of life at odds with societal norms.^[4] A focus group paid for by Equal Protection Ordinance Colorado^[a] found that while Coloradans didn't agree with anti-gay discrimination, they disliked anything related to affirmative action.^[9]

The amendment was opposed by the ACLU, the League of Women Voters, Governor Roy Romer, Senate candidate Ben Nighthorse Campbell and Representative Pat Schroeder.^[2]

Results

A poll taken by Talmey-Drake shortly before the election indicated that Amendment 2 would fail, with 42% voting for it and 52% voting against.^[10] On Election Day, however, Amendment 2 was approved with a margin of almost 7 points.

Results by county

Aftermath

Following the vote, there were calls among liberals to boycott Colorado. A large part of the boycott was centered around tourism, a major industry in the state; many national organizations cancelled conventions that were planned to be held in Colorado and several city governments banned official travel to the state.^[12]

Some Hollywood productions moved away from Colorado, including Laurel Entertainment's The Stand miniseries. The boycott also prompted the creators of the in-production series Frasier to change the setting from Denver to Seattle.^[13][12]

The tourism industry lost about $40 million as a result of the boycott. A more drastic effect could be seen in film production, where revenue fell from about $28 million a year to $15 million.^[12]

The amendment was challenged in court by Denver municipal employee Richard G. Evans. On January 15, several hours before the amendment was scheduled to be signed into law, Denver District Court judge Jeff Bayless issued a temporary restraining order, giving himself a few more hours to review the case.^[14] Later that day, he issued a permanent injunction against the amendment.^[15] The state supreme court would find it unconstitutional in 1994, a position affirmed by the United States Supreme Court in 1996.^[6] Boycott Colorado, the main organization supporting the boycott, rescinded the call following the state supreme court's ruling.^[12]

See also

• List of U.S. ballot initiatives to repeal LGBTQ anti-discrimination laws

Notes

1. ^ Equal Protection Ordinance Colorado was a gay rights organization originally formed to campaign for Denver's anti-discrimination ordinance.

References

1. ^ "Colorado No Protected Status for Sexual Orientation Amendment, Initiative 2 (1992)". Ballotpedia. Retrieved 2022-12-13.
2. ^ Dailey, John Daniel & Farley, Paul (1996). "Colorado's Amendment 2: A Result in Search of a Reason". Harvard Journal of Law and Public Policy. 20 (1)
3. ^ Nagel, Robert F. (1997). "Playing Defense". William & Mary Bill of Rights Journal. 6 (1). Retrieved May 23, 2021.
4. ^ Staggenborg, Suzanne (2016). "American Right-Wing Movements". Social Movements. 2nd ed. New York: Oxford University Press. p. 157. ISBN 978-0-1993-6359-9. – via Google Books.
5. ^ Gibney, Jim (May 13, 1992). "Anti-gay support `gaining' - Push seeks to ban special protection". Denver Post. Retrieved May 23, 2021.
6. ^ "www.courtlistener.com/opinion/1297252/evans-v-romer/". 1994. Retrieved May 23, 2021.
7. ^ Pierceson, Jason (2019). "Ballot Measures". LGBTQ Americans in the U.S. Political System: An Encyclopedia of Activists, Voters, Candidates, and Officeholders. Vol. 1. Santa Barbara, Calif.: ABC-Clio. p. 81. ISBN 978-1-4408-5277-0. – via Google Books.
8. ^ Gerstmann, Evan (1999). The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection. University of Chicago Press. p. 106. ISBN 0-2262-8859-5. – via the Internet Archive.
9. ^ Gerstmann 1999, pp. 101–105.
10. ^ Brown, Fred (November 1, 1992). "Tax amendment trailing - Poll: Bruce ballot issue losing, Bush gaining support". Denver Post. Retrieved May 23, 2021.
11. ^ State of Colorado Abstract of Votes Cast. Natalie Meyer. 1992. Retrieved May 21, 2021.
12. ^ Sen, Sankar (1996). "Marketing and Minority Civil Rights: The Case of Amendment 2 and the Colorado Boycott". Journal of Public Policy & Marketing. 15 (2): 311–318. Retrieved May 20, 2021.
13. ^ Freeman, Marc (September 12, 2018). "Tossed Salad and Scrambled Eggs: An Oral History of Frasier". Vanity Fair. Retrieved May 20, 2021.
14. ^ Pankratz, Howard (January 15, 1993). "Amendment 2 on hold as judge weighs case". Denver Post. Retrieved May 23, 2021.
15. ^ Pankratz, Howard (January 16, 1993). "Amendment 2 blocked - Basic right at stake, judge says". Denver Post. Retrieved May 23, 2021.

Further reading

• Herman, Didi (1997). "The Christian Right versus Gay Rights in Colorado, 1992–1996". The Antigay Agenda: Orthodox Vision and the Christian Right. University of Chicago Press. pp. 137–169. ISBN 978-0-226-32764-8. – via the Internet Archive.