From: carlosm@tigger.cs.Colorado.EDU (Carlos Maltzahn)
Subject: UCSU might file 'amicus' brief in suit
Originator: gina@tigger
Organization: University of Colorado, Boulder
Distribution: usa
Date: Mon, 16 Nov 1992 21:02:44 GMT

Reprinted without permission from Colorado Daily (11/16/92):



UCSU might file `amicus' brief in suit

Amendment 2 is at issue, but move is put on hold

By Jamie Wilson

As a protest against a new clause in Colorado's constitution 
which bans anti-discrimination laws for gays and lesbians, 
leaders of CU's Student Union are exploring ways to join a 
lawsuit challenging Amendment 2 being filed by the cities of 
Boulder, Denver and Aspen.

Sponsors of a bill to sign the UCSU on to the lawsuit as "a 
friend of the court" said Thursday that student government 
action is necessary, because Amendment 2 jeopardizes student 
rights by nullifying a portion of the anti-discrimination 
policy in UCSU's constitution.

But the Legislative Council decided to table the bill until 
more legal details are obtained.

Amendment2, approved in the Nov. 3 general election, prohib-
its state and local governments form adopting or enforcing 
laws that provide that gay, lesbian or bisexual conduct 
entitles a person to claim protected status, quota prefer-
ences or protection from discrimination.

The proposed student bill stipulated that, pending councils 
approval, the executives would file the requisite paperwork 
to make UCSU an amicus curae of the civil-action suit.

By filing the brief, said Rep.-at-Large and author of the 
bill David Upthegrove, "UCSU is not joining the lawsuit, but 
rather submitting a document to the court stating our posi-
tion." Upthegrove said the action was within the legal 
bounds of UCSU, and a way of "operating within the system to 
express our views."

He also maintained that the symbolic measure was consistent 
with a resolution passed by the council on Oct. 8, formally 
opposing Amendment 2.

President Pro-Tempore Stephanie Escher said she also spon-
sored the bill because of the stand UCSU took on Amendment 2, 
and urged the council to vote `yes' on filing the amicus 
brief "if we're to continue our fight for the rights of stu-
dents on this campus."

A lawyer is needed only in filing a court motion, said Law 
School Rep. Bruce Langer, which alarmed a student in the 
audience, who said, "that worries me if student-fee money is 
spent on a lawyer.

"If other people are filing, your voice isn't going to do a 
damn thing," he told the council. "The state of Colorado has 
spoken, and I thing you should respect that decision. That's 
the way democracy works."

Executive Jeanette Galanis told the council that she had not 
been consulted about filing paperwork for the amicus brief. 
"I'm wondering if this is the right thing to do right now," 
she said, after reading to the council a sample of the hate 
mail she has received targeting UCSU's condemning of Amend-
ment 2.

"There's so much more to utilize the council for," she said.

Escher then motioned to table the bill, although vowing for 
its return. "I thought (the executives) had been consulted," 
she said. "I want to see this come back after discussing it 
with them. My main point is to do something, and follow up on 
our commitment to protect the rights of lesbians, gays and 
straights."

"It's not necessarily a bad idea," said Langer, pointing out 
that the council could take the paperwork process into its 
hands. "I'd like to see us table it now, pending more details 
from a legal source to see if we can file it for free, or 
lend our support by joining someone else who's filing a 
brief."

Business School Rep. Jennifer Goetsch agreed that some kind 
of action was called for by the by the Legislative Council in 
upholding the UCSU constitution.

Furthermore, "Amendment 2 goes against a law that Boulder 
city voters have already put in place - another important 
facet to the lawsuit," said Rep.-at-Large Holly Kottke.

"I don't want this to just fade," said Escher, before the 
council agreed to table the bill. "I needs some more focus, 
but I want to work on it." Escher said legal council and city 
officials should be invited to discuss the matter with UCSU.

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