Judge Hears Challenge to Law on Gays : Colorado: An initiative that bans protected status for homosexuals will take effect Friday if not overturned. Both sides say the outcome will have an impact in other states.

A Denver judge on Monday heard opening arguments in a case that will determine whether a state law banning protected status for homosexuals will go into effect on Friday.

The law, approved by voters Nov. 3 as Amendment 2, rescinds ordinances in Aspen, Denver and Boulder that prohibit discrimination against homosexuals. It also prohibits any similar ordinances from being enacted.

Those three cities, and nine residents, including professional tennis player Martina Navratilova, filed suit to halt enforcement of Amendment 2 pending a trial on its constitutionality. Denver District Judge Jeffrey Bayless promised to rule by Thursday.

The plaintiffs contend that Amendment 2 makes homosexuals second-class citizens and puts them in immediate danger of being fired or evicted because of their sexual orientation.

State attorneys, however, contend that the amendment simply establishes a statewide policy of neutrality with respect to sexual orientation.

Civic and business leaders estimate that a national boycott of Colorado stemming from the enactment of Amendment 2 has cost the state $20 million in canceled conventions and vacations. Gay and lesbian activists claim that opponents of the law have become targets of violence and harassment in Denver and Colorado Springs, the home of Colorado for Family Values, which sponsored Amendment 2.

More than 100 gay and lesbian residents, Christian activists and reporters packed Bayless’ courtroom Monday.

“Our feeling is that this case goes beyond the state’s borders,” said David Miller, legal director of the American Civil Liberties Union in Colorado. “If the plaintiffs fail, you will see a number of similar initiatives launched across the country.”

Kevin Tebedo, executive director of Colorado for Family Values, agreed.

“If I was in another state looking to do a similar thing and it lost in Colorado, I’d think about taking a step back,” said Tebedo, who helped craft the language of the amendment.

In opening arguments for the plaintiffs, attorney Greg Eurich argued that gays, lesbians and bisexuals in Colorado “had the right prior to Amendment 2 to be treated equally. Now, they can be discriminated against merely because of who they are.”

Amendment 2’s elimination of the gay rights ordinances in Denver, Aspen and Boulder amounts to “a violation of fundamental access to the courts,” Eurich said. “Constitutional rights have never been, and I hope never will be, decided by a majority vote.”

But Colorado Assistant Atty. Gen. John Dailey argued that “Amendment 2 did not deprive any basic civil rights--all it did was remove an added layer of protection not available to the general public,” Dailey said. “What Amendment 2 does is simply take back that layer of protection to which a special group was not entitled under the law.”

Dr. John Gonsiorek, a psychologist and expert in the field of sexual orientation, testified that documents used by Colorado for Family Values show that the group mistakenly “strongly emphasized” that homosexuality is a “chosen sexual preference” determined by upbringing and other environmental experiences.

While the exact reasons for sexual orientation remain unclear, Gonsiorek said many experts believe that there may well be “multiple genetic and environmental factors involved.”

Some religious groups say “if gays would give up their ways they would be redeemed,” Gonsiorek said. But “sexual preference, whatever its cause, is set in place from 4 to 7 years of age.”

The 100,000-member American Psychological Assn. does not consider homosexuality a mental illness and urges enactment of civil rights legislation for gay and lesbian people, he said.

Groups already committed to the boycott include the Southern Christian Leadership Conference, the U.S. Conference of Mayors, the National Organization for Women, the National Council for Social Studies, the Assn. of College Unions International and the National Assn. of Hispanic Journalists.

In addition, nine major cities--Los Angeles, New York, Philadelphia, Atlanta, San Francisco, Chicago, Boston, Seattle and Austin, Tex.--have either restricted travel to the state by their officials or banned the purchase of Colorado products and services.

Despite a galaxy of celebrities endorsing a boycott of Colorado resorts, the ski areas are enjoying one of the best seasons in years in a state with an annual $5.5-billion tourism industry, according to Denver convention and tourism officials.

Times researcher Ann Rovin in Denver contributed to this story.