Colo. Const. art. II § 30b No Protected Status Based On Homosexual, Lesbian Or Bisexual Orientation

• Library: Colorado Constitution
• Edition: 2023
• Currency: Current through 11/8/2022 Election
• Year: 2023
• Citation: Colo. Const. art. II § 30b

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.

Cite as Colo. Const. art. II § 30b

Source:

Initiated 92: Entire section added, see L. 93, p. 2164.

Editor's Note:

(1) Although this section was numbered as section 30 as it appeared on the ballot, for ease of location, it has been numbered as section 30b.

(2) In the case Evans v. Romer, Denver District Court found this section unconstitutional and permanently enjoined its enforcement (see Evans v. Romer, 854 P.2d 1270 (Colo. 1993)). The Colorado Supreme Court affirmed the district court's ruling (see Evans v. Romer, 882 P.2d 1335 (Colo. 1994)), and the United States Supreme Court affirmed the Colorado Supreme Court's ruling ( 517 U.S. 620, 116 S.Ct. 1620, 134 L.Ed.2d 855 (1996)).

ANNOTATION

Law reviews. For article, "A Tale of Three Theories: Reason and Prejudice in the Battle over Amendment 2", see 68 U. Colo. L. Rev. 287 (1997). For article, "Sometimes Better Boring and Correct: Romer v. Evans as an Exercise of Ordinary Equal Protection Analysis", see 68 U. Colo. L. Rev. 335 (1997). For article, "When Baehr Meets Romer: Family Law Issues After Amendment 2", see 68 U. Colo. L. Rev. 349 (1997). For article, "Bowers v. Hardwick Diminished", see 68 U. Colo. L. Rev. 373 (1997). For article, "The Missing Pages of the Majority Opinion in Romer v. Evans", see 68 U. Colo. L. Rev. 387 (1997). For article, "Romer v. Evans: The People Foiled Again by the Constitution", see 68 U. Colo. L. Rev. 409 (1997). For article, "Romer v. Hardwick", see 68 U. Colo. L. Rev. 429 (1997). For article, "What's So Special About Special Rights?", see 75 Den. U. L. Rev. 1265 (1998).