Big-tipping, left-leaning, show-biz celebs flee mountain hideaway: A tale of two constitutions

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Fenner, G. Michael

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1995

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This is a short piece about Colorado constitutional Amendment 2, which prohibited any branch, subdivision, agency, or department of Colorado state or local government from enacting or enforcing any preferences or protections to persons on the basis of their sexual orientation. The article explores various constitutional rights that the amendment might have violated, focusing on a constitutional right or equal opportunity to achieve legislative goals. If it is constitutional for a city to pass an ordinance to protect individuals against discrimination on the basis of their status as members of the KKK, the SPCA, or the BSA, if it is constitutional for the state to grant preferences to farmers, veterans, or over-the-road truckers, how can it be constitutional for the state's Constitution to deny to persons the opportunity for reformation-at-the-ballot box based on their sexual-orientation status? This - Amendment 2 - is the amendment the United States Supreme Court struck down on other grounds in Romer v. Evans, 517 U.S. 620 (1996).

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G. Michael Fenner, Big-Tipping, Left-Leaning, Show-Biz Celebs Flee Mountain Hideaway: A Tale of Two Constitutions, Creighton Law., Fall 1995, at 5.

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