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Homosexuals A Suspect ClassThe struggle for minority protection by lesbians and gay men has moved to the center of American life at the outset of the 1990s It is almost certain that lesbian and gay issues will be a more eminent aspect of the public consciousness and American political scene in the coming decade than in any other time in American history Policy changes early in Bill Clintons administration created a heated debate over the military presence of gays and lesbians several states have passed amendments prohibiting laws that protect homosexuals from discrimination and nearly every religious organization in the nation is facing tough questions ranging from the ordination of homosexuals to homosexual marriages Furthermore the homosexual community is more prominent than ever Lesbians and gay men are fighting for civil rights in the courtroom and in Congress there are gay characters on prime-time television shows well-known public figures openly discussing their homosexuality and there is virtually no one who can claim that they have never had contact with a homosexual In the middle of all this publicity there lingers a pending Supreme Court case in which the fate of the homosexual lies Romer v Evans a case that dominated Colorado that has come to symbolize the controversy over gay legal rights throughout the nation This paper will trace the elements behind that case and attempt to focus on the steps the Supreme Court will follow to determine whether homosexuality must be legally considered a suspect class for the purposes of quota preferences protected status or claim of discrimination as outlined by Colorados now-famous Amendment 2Amendment 2 does away with any attempt to protect homosexuals as a group that needs special rights because of discrimination It was enacted after a statewide referendum in which 53 voted for the measure Richard Evans sued the state and Governor Romer who ironically opposed the amendment under the Fourteenth Amendments Equal Protection Clause saying that Amendment 2 infringes upon
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