Sexual Minorities in the Military: Charting the Constitutional Frontiers of Status and Conduct
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Authors
Valdes, Francisco
Issue Date
1994
Volume
27
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|It was one of those rare occasions in United States history that truly can be pin-pointed to a single date. On July 19, 1993, the status/ conduct distinction was pushed into America's face. On that day, both a state and the Federal Government focused on the distinction and issued dramatically different pronouncements.|On that day the Colorado Supreme Court upheld the injunction of Amendment Two, adopted during the prior November by voters. Amendment Two was designed to abolish existing municipal ordinances prohibiting "sexual orientation" discrimination and also to preclude the future passage of any such state or local legislation. Challenged in the state courts immediately after the vote, the trial court enjoined the enforcement of the Amendment. Even though the challengers had not urged violation of the status/conduct distinction, the court, sua sponte, reasoned that the Amendment effectively punished status and thus was unconstitutional...
Description
Citation
27 Creighton L. Rev. 381 (1993-1994)
Publisher
Creighton University School of Law