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1992 Colorado Amendment 2

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Amendment 2
November 3, 1992

No Protected Status for Sexual Orientation Amendment
Results
Choice
Votes %
Yes 813,966 53.41%
No 710,151 46.59%
Valid votes 1,524,117 95.43%
Invalid or blank votes 73,049 4.57%
Total votes 1,597,166 100.00%
Registered voters/turnout 2,003,375 79.72%

Amendment 2 was a ballot measure approved by Colorado voters on November 3, 1992, simultaneously with the United States presidential election. The amendment prevented municipalities from enacting anti-discrimination laws protecting gay, lesbian, or bisexual people.

The amendment's enactment prompted a widespread boycott. It was declared unconstitutional by the Supreme Court of the United States in Romer v. Evans (1996).

Contents

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The proposal appeared on the ballot as follows:[1]

Shall there be an amendment to Article II of the Colorado Constitution to prohibit the state of Colorado and any of its political subdivisions from adopting or enforcing any law or policy which provides that homosexual, lesbian, or bisexual orientation, conduct, or relationships constitutes or entitles a person to claim any minority or protected status, quota preferences, or discrimination?

Campaign

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Several major cities in Colorado enacted laws prohibiting anti-gay discrimination, including Aspen in 1977, Boulder in 1987, and Denver in 1991.[2] Literature from Colorado for Family Values (CFV), a conservative group based in Colorado Springs, presented municipal anti-discrimination laws as the first steps towards a "national 'gay-rights' law."[3]

In March 1992, CFV submitted the required signatures for a ballot initiative.[4] Their amendment would add the following passage to the state Constitution:

Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing.[5]

The text of the amendment focuses on the issue of "special rights" being given to homosexuals; this contrasts with the actual municipal ordinances at issue, which only protected homosexuals from discrimination.[6] A focus group paid for by Equal Protection Ordinance Colorado[7] found that while Coloradans didn't agree with anti-gay discrimination, they disliked anything related to affirmative action.[8]

The amendment was opposed by the ACLU, the League of Women Voters, Governor Roy Romer, Senate candidate Ben Nighthorse Campbell and Representative Pat Schroeder.[2]

Results

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A poll taken by Talmey-Drake shortly before the election indicated that Amendment 2 would fail, with 42% voting for it and 52% voting against.[9] On Election Day, however, Amendment 2 was approved with a margin of almost 7 points.

Results by county

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County[10] Yes No Invalid votes
Votes % Votes %
Adams 55,400 54.36% 46,520 45.64% 3,140
Alamosa 2,666 59.38% 1,824 40.62% 1,060
Arapahoe 98,498 54.79% 81,290 45.21% 6,005
Archuleta 1,430 53.66% 1,235 46.34% 194
Baca 1,963 79.03% 521 20.97% 168
Bent 1,579 71.64% 625 28.36% 113
Boulder 48,704 38.61% 77,432 61.39% 4,722
Chaffee 3,922 64.30% 2,178 35.70% 277
Cheyenne 802 69.32% 355 30.68% 71
Clear Creek 2,046 46.49% 2,355 53.51% 102
Conejos 1,833 56.71% 1,399 43.29% 430
Costilla 628 48.27% 673 51.73% 508
Crowley 894 65.11% 479 34.89% 107
Custer 897 65.86% 465 34.14% 53
Delta 5,985 58.65% 4,220 41.35% 565
Denver 82,030 40.22% 121,919 59.78% 16,704
Dolores 509 66.02% 262 33.98% 89
Douglas 23,750 59.71% 16,024 40.29% 700
Eagle 4,087 38.53% 6,520 61.47% 403
Elbert 3,499 67.28% 1,702 32.72% 167
El Paso 105,518 65.88% 54,653 34.12% 9,538
Fremont 9,865 66.85% 4,893 33.15% 534
Garfield 6,651 48.29% 7,122 51.71% 334
Gilpin 752 43.09% 993 56.91% 27
Grand 2,519 51.78% 2,346 48.22% 115
Gunnison 2,442 43.34% 3,193 56.66% 182
Hinsdale 219 47.20% 245 52.80% 19
Huerfano 1,616 58.64% 1,140 41.36% 349
Jackson 568 61.01% 363 38.99% 42
Jefferson 119,970 55.06% 97,927 44.94% 8,033
Kiowa 811 80.78% 193 19.22% 40
Kit Carson 2,240 65.12% 1,200 34.88% 258
Lake 1,454 50.93% 1,401 49.07% 110
La Plata 7,001 46.14% 8,173 53.86% 848
Larimer 52,973 53.81% 45,464 46.19% 2,281
Las Animas 4,601 73.80% 1,633 26.20% 540
Lincoln 1,618 72.36% 618 27.64% 90
Logan 5,047 61.73% 3,129 38.27% 374
Mesa 24,214 55.65% 19,301 44.35% 1,539
Mineral 227 52.30% 207 47.70% 21
Moffatt 2,865 57.60% 2,109 42.40% 211
Montezuma 4,339 58.59% 3,067 41.41% 393
Montrose 7,107 62.21% 4,318 37.79% 532
Morgan 5,324 63.59% 3,048 36.41% 646
Otero 4,903 64.97% 2,643 35.03% 980
Ouray 783 51.08% 750 48.92% 69
Park 2,323 55.36% 1,873 44.64% 146
Phillips 1,498 68.25% 697 31.75% 139
Pitkin 2,026 28.09% 5,187 71.91% 330
Prowers 3,858 75.97% 1,220 24.03% 487
Pueblo 33,032 59.63% 22,360 40.37% 3,017
Rio Blanco 1,689 60.93% 1,083 39.07% 95
Rio Grande 2,940 66.65% 1,471 33.35% 254
Routt 3,997 49.86% 4,019 50.14% 222
Saguache 1,070 52.71% 960 47.29% 218
San Juan 206 46.82% 234 53.18% 20
San Miguel 855 33.86% 1,670 66.14% 156
Sedgwick 638 58.96% 444 41.04% 451
Summit 3,278 39.84% 4,950 60.16% 191
Teller 4,163 60.95% 2,667 39.05% 203
Washington 1,788 71.09% 727 28.91% 136
Weld 30,830 59.31% 21,148 40.69% 3,063
Yuma 3,026 69.72% 1,314 30.28% 218
Totals 813,966 53.41% 710,151 46.59% 73,049

Aftermath

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Following the vote, there were calls among liberals to boycott Colorado. A large part of the boycott was centered around tourism, a major industry in the state; many national organizations cancelled conventions that were planned to be held in Colorado and several city government banned official travel to the state.[11]

Some Hollywood productions moved away from Colorado, including Laurel Entertainment's The Stand miniseries. The boycott also prompted the creators of the in-production series Frasier to change the setting from Denver to Seattle.[12][11]

The tourism industry lost about $40 million as a result of the boycott. A more drastic effect could be seen in film production, where revenue fell from about $28 million a year to $15 million.[11]

The amendment was challenged in court by Denver municipal employee Richard G. Evans. On January 15, several hours before the amendment was scheduled to be signed into law, Denver District Court judge Jeff Bayless issued a temporary restraining order, giving himself a few more hours to review the case.[13] Later that day, he issued a permanent injunction against the amendment.[14] The state supreme court would find it unconstitutional in 1994, a position affirmed by the United States Supreme Court in 1996.[5] Boycott Colorado, the main organization supporting the boycott, rescinded the call following the state supreme court's ruling.[11]

References

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  1. ^ "Colorado No Protected Status for Sexual Orientation Amendment, Initiative 2 (1992)". Ballotpedia. Retrieved 2022-12-13.
  2. ^ a b Dailey, John Daniel; Farley, Paul (1996). "Colorado's Amendment 2: A Result in Search of a Reason". Harvard Journal of Law and Public Policy. 20 (1).
  3. ^ Nagel, Robert F. (1997). "Playing Defense". William & Mary Bill of Rights Journal. 6 (1). Retrieved May 23, 2021.
  4. ^ Gibney, Jim (May 13, 1992). "Anti-gay support `gaining' - Push seeks to ban special protection". Denver Post. Retrieved May 23, 2021.
  5. ^ a b Evans v. Romer, 882 P.2d 1335 (Colo. 1994).
  6. ^ Gerstmann, Evan (1999). The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection. University of Chicago Press. p. 106. ISBN 0-2262-8859-5.
  7. ^ Equal Protection Ordinance Colorado was a gay rights organization originally formed to campaign for Denver's anti-discrimination ordinance.
  8. ^ Gerstmann 1999, p. 101-105.
  9. ^ Brown, Fred (November 1, 1992). "Tax amendment trailing - Poll: Bruce ballot issue losing, Bush gaining support". Denver Post. Retrieved May 23, 2021.
  10. ^ State of Colorado Abstract of Votes Cast (PDF). Natalie Meyer. 1992. Retrieved May 21, 2021.
  11. ^ a b c d Sen, Sankar (1996). "Marketing and Minority Civil Rights: The Case of Amendment 2 and the Colorado Boycott". Journal of Public Policy & Marketing. 15 (2): 311–318. Retrieved May 20, 2021.
  12. ^ Freeman, Marc (September 12, 2018). "Tossed Salad and Scrambled Eggs: An Oral History of Frasier". Vanity Fair. Retrieved May 20, 2021.
  13. ^ Pankratz, Howard (January 15, 1993). "Amendment 2 on hold as judge weighs case". Denver Post. Retrieved May 23, 2021.
  14. ^ Pankratz, Howard (January 16, 1993). "Amendment 2 blocked - Basic right at stake, judge says". Denver Post. Retrieved May 23, 2021.

Further reading

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