Romer v. Evans

Summary

Justice Kennedy's opinion, joined by Justices Stevens, O'Connor, Souter, Ginsburg, and Breyer, held that Colorado's Amendment 2 violates equal protection and affirmed the Colorado Supreme Court on a different rationale. The amendment imposed a sweeping disability on gay and lesbian persons by withdrawing existing antidiscrimination protections and barring their reinstatement through ordinary governmental action. Its breadth lacked a rational relationship to legitimate state interests and supported an inference of animosity toward the affected class. Justice Scalia, joined by Chief Justice Rehnquist and Justice Thomas, dissented, arguing that the amendment merely denied preferential treatment, rationally preserved traditional sexual morality, and was consistent with Bowers v. Hardwick and historical constitutional practice.