In Colorado, a Correct Decision

It’s too soon to tell if a Denver judge’s action to block enactment of Colorado’s shameful anti-gay rights initiative will head off similar attempts to spread government-sanctioned intolerance, or even prevent this particular measure from becoming state law. Nonetheless, the decision was the right one.

Long before last summer’s Republican Convention exploited anti-gay rhetoric, some fundamentalist religious groups were engaged in an open and malicious campaign to deny rights on the basis of sexual orientation. But last November, after limited success in some municipalities, anti-gay measures appeared on the ballots of two states.

In Oregon, voters defeated Ballot Measure 9, an amendment to the state constitution to “discourage” homosexual behavior. By a 53% to 47% margin, Colorado voters approved Amendment 2--an initiative rescinding local and state laws prohibiting discrimination on the basis of sexual orientation. The measure also amended the Colorado constitution to prevent the enactment of any additional legal protections.

Colorado Gov. Roy Romer was set to sign the initiative into law on Friday. But following a constitutional challenge by three Colorado cities with anti-discrimination laws (Aspen, Boulder and Denver), Denver District Court Judge Jeffrey Bayless ruled that by “endorsing” and “giving effect” to “private biases,” Colorado violated a fundamental right to protection.

The controversial initiative has already cost Colorado as much as $20 million in canceled convention and vacation business.

But voting for Amendment 2 was more than economically shortsighted. By targeting gays with Amendment 2, Colorado voters signaled a willingness to curtail minority rights. Until Colorado voters change their minds and join the seven states (including California) and more than 100 municipalities across the country that have enacted laws prohibiting discrimination on the basis of sexual orientation, the courts have an obligation to step in and defend those rights.

Bayless’ ruling should provide a much needed boost for those working within Colorado, and around the country, to see that Amendment 2--and other measures like it now being considered--are ultimately rejected.