Colorado arguments don't impress Court Supreme Court justices showed considerable skepticism toward Colorado's Amendment 2 during recent oral arguments in the gay rights case. At issue in Romer v. Evans , No. 94-1039, is a constitutional amendment passed by voters in 1992 nullifying all state or local laws protecting gays, lesbians and bisexuals from discrimination. Gay rights advocates claim the amendment violated the Fourteenth Amendment's guarantee of equal protection of the laws.
Some briefs also assert the amendment violates the rights of gays to petition government.
Supporters of the amendment also cite the First Amendment, claiming that Amendment 2 advances the religious freedom rights of Coloradans who disapprove of homosexuality on religious grounds. The First Amendment issues were barely mentioned during oral argument, but several justices seemed critical of the amendment on the equal protection grounds. Some of the justices expressed frustration about the vagueness of the amendment, and the inability of lawyers on either side to spell out what exactly the amendment means. Some observers suggest the court could send the case back to state courts for further exploration of how the amendment would be applied. A decision from the court could come anytime before the term ends next June.