Colorado High Court Declines to Revive State’s Anti-Gay Law

The state Supreme Court refused Monday to resurrect the state’s anti-gay rights amendment, ruling that the measure that triggered a nationwide boycott of Colorado probably violated the U.S. Constitution.

The court said in a 6-1 decision that it found no reason to lift a trial judge’s injunction preventing Amendment 2 from taking effect.

The court said the initiative “to a reasonable probability” violates the U.S. Constitution’s 14th Amendment, which prohibits states from denying equal protection under the laws to anyone.

An actual ruling on the amendment’s constitutionality will come when a civil lawsuit goes to trial in October.

Amendment 2, approved Nov. 4 by 53% of Colorado’s voters, would ban state and local laws prohibiting discrimination based on sexual orientation. It also would strike down gay-rights ordinances on the books in Aspen, Boulder and Denver.

The court acknowledged that Amendment 2 was passed by a majority, but said: “One’s right to life, liberty and property . . . and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”

The decision was hailed by civil rights advocates, but Amendment 2 supporters said they remained optimistic that the measure ultimately would become law.

Colorado Atty. Gen. Gale Norton, who argued on behalf of the state to overturn the injunction, said she was debating whether to appeal the opinion to the U.S. Supreme Court or devote her office’s energies to the October trial.