1992 Colorado Amendment 2

Referendum on gay rights Amendment 2 November 3, 1992 No Protected Status for Sexual Orientation Amendment 813966 710151 1597166 2003375 File:Colorado Amendment 2 Results 1992.svg County results For #28497C 80%–90% 1px #AAAAAA solid #47729E 70%–80% 1px #AAAAAA solid #7D9CBB 60%–70% 1px #AAAAAA solid #B6C8D9 50%–60% 1px #AAAAAA solid Against #8B8B54 70%–80% 1px #AAAAAA solid #BCBC83 60%–70% 1px #AAAAAA solid #DEDEBD 50%–60% 1px #AAAAAA solid Results by county 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:Colorado No Protected Status for Sexual Orientation Amendment, Initiative 2 (1992) https://ballotpedia.org/Colorado_No_Protected_Status_for_Sexual_Orientation_Amendment,_Initiative_2_(1992) 2022-12-13 Ballotpedia en 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.Dailey John Daniel Farley Paul Colorado's Amendment 2: A Result in Search of a Reason Harvard Journal of Law and Public Policy 1996 20 1 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."Nagel Robert F. Playing Defense William & Mary Bill of Rights Journal 1997 6 1 https://heinonline.org/HOL/P?h=hein.journals/wmbrts6&i=175 May 23, 2021 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.Staggenborg Suzanne 2016 Social Movements Oxford University Press New York 978-0-1993-6359-9 157 2nd American Right-Wing Movements https://books.google.com/books?id=AqdBCgAAQBAJ&pg=PA157 Google Books In March 1992, CFV submitted the required signatures for a ballot initiative.Gibney Jim Anti-gay support `gaining' - Push seeks to ban special protection https://denverpost.newsbank.com/doc/news/0EB1DB3AB3132E02 May 23, 2021 Denver Post May 13, 1992 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. Evans v. Romer 882 P.2d 1335 Colo. 1994 https://www.courtlistener.com/opinion/1297252/evans-v-romer/ May 23, 2021 Taking advantage of public hostility toward affirmative action, campaigners invoked the idea of "special rights".Pierceson Jason 2019 Ballot Measures Pierceson Jason LGBTQ Americans in the U.S. Political System: An Encyclopedia of Activists, Voters, Candidates, and Officeholders 1 ABC-Clio Santa Barbara, Calif. 978-1-4408-5277-0 81 https://books.google.com/books?id=zabOEAAAQBAJ&pg=PA80 Google Books In contrast to the actual municipal ordinances at issue, which only protected homosexuals from discrimination,Gerstmann Evan The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection 106 University of Chicago Press 1999 0-2262-8859-5 https://archive.org/details/constitutionalun00gers_0/page/106/mode/1up?view=theater registration the Internet Archive 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.Staggenborg 2016 A focus group paid for by Equal Protection Ordinance ColoradoEqual Protection Ordinance Colorado was a gay rights organization originally formed to campaign for Denver's anti-discrimination ordinance. found that while Coloradans didn't agree with anti-gay discrimination, they disliked anything related to affirmative action.Gerstmann 1999 101-105 The amendment was opposed by the ACLU, the League of Women Voters, Governor Roy Romer, Senate candidate Ben Nighthorse Campbell and Representative Pat Schroeder. 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.Brown Fred Tax amendment trailing - Poll: Bruce ballot issue losing, Bush gaining support https://denverpost.newsbank.com/doc/news/0EB1DB49CA73214E?search_terms May 23, 2021 Denver Post November 1, 1992 On Election Day, however, Amendment 2 was approved with a margin of almost 7 points. Results by county CountyState of Colorado Abstract of Votes Cast 1992 Natalie Meyer https://www.sos.state.co.us/pubs/elections/Results/Abstract/pdf/1900-1999/1992AbstractBook.pdf May 21, 2021 November 10, 2022 https://web.archive.org/web/20221110054634/https://www.sos.state.co.us/pubs/elections/Results/Abstract/pdf/1900-1999/1992AbstractBook.pdf dead Yes No Invalid votes Votes % Votes %Adams55,40054.36%46,52045.64%3,140Alamosa2,66659.38%1,82440.62%1,060Arapahoe98,49854.79%81,29045.21%6,005Archuleta1,43053.66%1,23546.34%194Baca1,96379.03%52120.97%168Bent1,57971.64%62528.36%113Boulder48,70438.61%77,43261.39%4,722Chaffee3,92264.30%2,17835.70%277Cheyenne80269.32%35530.68%71Clear Creek2,04646.49%2,35553.51%102Conejos1,83356.71%1,39943.29%430Costilla62848.27%67351.73%508Crowley89465.11%47934.89%107Custer89765.86%46534.14%53Delta5,98558.65%4,22041.35%565Denver82,03040.22%121,91959.78%16,704Dolores50966.02%26233.98%89Douglas23,75059.71%16,02440.29%700Eagle4,08738.53%6,52061.47%403Elbert3,49967.28%1,70232.72%167El Paso105,51865.88%54,65334.12%9,538Fremont9,86566.85%4,89333.15%534Garfield6,65148.29%7,12251.71%334Gilpin75243.09%99356.91%27Grand2,51951.78%2,34648.22%115Gunnison2,44243.34%3,19356.66%182Hinsdale21947.20%24552.80%19Huerfano1,61658.64%1,14041.36%349Jackson56861.01%36338.99%42Jefferson119,97055.06%97,92744.94%8,033Kiowa81180.78%19319.22%40Kit Carson2,24065.12%1,20034.88%258Lake1,45450.93%1,40149.07%110La Plata7,00146.14%8,17353.86%848Larimer52,97353.81%45,46446.19%2,281Las Animas4,60173.80%1,63326.20%540Lincoln1,61872.36%61827.64%90Logan5,04761.73%3,12938.27%374Mesa24,21455.65%19,30144.35%1,539Mineral22752.30%20747.70%21Moffatt2,86557.60%2,10942.40%211Montezuma4,33958.59%3,06741.41%393Montrose7,10762.21%4,31837.79%532Morgan5,32463.59%3,04836.41%646Otero4,90364.97%2,64335.03%980Ouray78351.08%75048.92%69Park2,32355.36%1,87344.64%146Phillips1,49868.25%69731.75%139Pitkin2,02628.09%5,18771.91%330Prowers3,85875.97%1,22024.03%487Pueblo33,03259.63%22,36040.37%3,017Rio Blanco1,68960.93%1,08339.07%95Rio Grande2,94066.65%1,47133.35%254Routt3,99749.86%4,01950.14%222Saguache1,07052.71%96047.29%218San Juan20646.82%23453.18%20San Miguel85533.86%1,67066.14%156Sedgwick63858.96%44441.04%451Summit3,27839.84%4,95060.16%191Teller4,16360.95%2,66739.05%203Washington1,78871.09%72728.91%136Weld30,83059.31%21,14840.69%3,063Yuma3,02669.72%1,31430.28%218Totals813,96653.41%710,15146.59%73,049 Aftermath Romer v. Evans 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.Sankar Sen (marketing academic) Sen Sankar Marketing and Minority Civil Rights: The Case of Amendment 2 and the Colorado Boycott Journal of Public Policy & Marketing 1996 15 2 311–318 http://www.jstor.org/stable/30000366 May 20, 2021 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.Freeman Marc Tossed Salad and Scrambled Eggs: An Oral History of Frasier https://www.vanityfair.com/hollywood/2018/09/frasier-25th-anniversary-oral-history May 20, 2021 Vanity Fair September 12, 2018 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. 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.Pankratz Howard Amendment 2 on hold as judge weighs case https://denverpost.newsbank.com/doc/news/0EB1D2098E1235B8 May 23, 2021 Denver Post January 15, 1993 Later that day, he issued a permanent injunction against the amendment.Pankratz Howard Amendment 2 blocked - Basic right at stake, judge says https://denverpost.newsbank.com/doc/news/0EB1D209AFC65288 May 23, 2021 Denver Post January 16, 1993 The state supreme court would find it unconstitutional in 1994, a position affirmed by the United States Supreme Court in 1996. Boycott Colorado, the main organization supporting the boycott, rescinded the call following the state supreme court's ruling. See also List of U.S. ballot initiatives to repeal LGBTQ anti-discrimination laws Notes References Further reading Herman Didi The Antigay Agenda: Orthodox Vision and the Christian Right 1997 University of Chicago Press 978-0-226-32764-8 137–169 https://archive.org/details/antigayagendaort00herm/page/137/mode/1up?view=theater registration The Christian Right versus Gay Rights in Colorado, 1992–1996 the Internet Archive Category:1992 Colorado ballot measures Category:LGBTQ history in Colorado