1992 Colorado Amendment 2
{{Short description|Referendum on gay rights}}
{{Infobox referendum
| name = Amendment 2
| date = November 3, 1992
| title = No Protected Status for Sexual Orientation Amendment
| yes = 813966
| no = 710151
| total = 1597166
| electorate = 2003375
| map =File:Colorado Amendment 2 Results 1992.svg
| mapdivision =Results by county
| notes =
|mapcaption={{col-begin}}
{{col-2}}
For
{{legend|#28497C|80%–90% |border=1px #AAAAAA solid}}
{{legend|#47729E|70%–80% |border=1px #AAAAAA solid}}
{{legend|#7D9CBB|60%–70% |border=1px #AAAAAA solid}}
{{legend|#B6C8D9|50%–60% |border=1px #AAAAAA solid}}
{{col-2}}
Against
{{legend|#8B8B54|70%–80% |border=1px #AAAAAA solid}}
{{legend|#BCBC83|60%–70% |border=1px #AAAAAA solid}}
{{legend|#DEDEBD|50%–60% |border=1px #AAAAAA solid}}
{{col-end}}|map_division=Results by county}}
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
The proposal appeared on the ballot as follows:{{Cite web |title=Colorado No Protected Status for Sexual Orientation Amendment, Initiative 2 (1992) |url=https://ballotpedia.org/Colorado_No_Protected_Status_for_Sexual_Orientation_Amendment,_Initiative_2_(1992) |access-date=2022-12-13 |website=Ballotpedia |language=en}}
{{Blockquote|text=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
Several major cities in Colorado enacted laws prohibiting anti-gay discrimination, including Aspen in 1977, Boulder in 1987, and Denver in 1991.{{cite journal |last1=Dailey |first1=John Daniel |last2=Farley |first2=Paul |title=Colorado's Amendment 2: A Result in Search of a Reason |journal=Harvard Journal of Law and Public Policy |date=1996 |volume=20 |issue=1}} 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."{{cite journal |last1=Nagel |first1=Robert F. |title=Playing Defense |journal=William & Mary Bill of Rights Journal |date=1997 |volume=6 |issue=1 |url=https://heinonline.org/HOL/P?h=hein.journals/wmbrts6&i=175 |access-date=May 23, 2021}}
In March 1992, CFV submitted the required signatures for a ballot initiative.{{cite news |last1=Gibney |first1=Jim |title=Anti-gay support `gaining' - Push seeks to ban special protection |url=https://denverpost.newsbank.com/doc/news/0EB1DB3AB3132E02 |access-date=May 23, 2021 |work=Denver Post |date=May 13, 1992}} Their amendment would add the following passage to the state Constitution:
{{blockquote|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.{{cite court |litigants= Evans v. Romer |vol=882 |reporter=P.2d |opinion=1335 |court=Colo. |date=1994 |url=https://www.courtlistener.com/opinion/1297252/evans-v-romer/ |access-date=May 23, 2021}}}}
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.{{cite book |last=Gerstmann |first=Evan |title=The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection |page=106 |publisher=University of Chicago Press |year=1999 |isbn=0-2262-8859-5 |url=https://archive.org/details/constitutionalun00gers_0/page/106/mode/1up?view=theater |url-access=registration}} A focus group paid for by Equal Protection Ordinance Colorado{{refn|Equal Protection Ordinance Colorado was a gay rights organization originally formed to campaign for Denver's anti-discrimination ordinance.}} found that while Coloradans didn't agree with anti-gay discrimination, they disliked anything related to affirmative action.{{sfn|Gerstmann|1999|p=101-105}}
The amendment was opposed by the ACLU, the League of Women Voters, Governor Roy Romer, Senate candidate Ben Nighthorse Campbell and Representative Pat Schroeder.
Results
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.{{cite news |last1=Brown |first1=Fred |title=Tax amendment trailing - Poll: Bruce ballot issue losing, Bush gaining support |url=https://denverpost.newsbank.com/doc/news/0EB1DB49CA73214E?search_terms |access-date=May 23, 2021 |work=Denver Post |date=November 1, 1992}} On Election Day, however, Amendment 2 was approved with a margin of almost 7 points.
=Results by county=
| class="wikitable sortable" |
| rowspan=2 | County{{cite book |title=State of Colorado Abstract of Votes Cast |date=1992 |publisher=Natalie Meyer |url=https://www.sos.state.co.us/pubs/elections/Results/Abstract/pdf/1900-1999/1992AbstractBook.pdf |access-date=May 21, 2021}}
! colspan=2 | Yes ! colspan=2 | No ! rowspan=2 | 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
{{see also|Romer v. Evans}}
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.{{cite journal|author1-link=Sankar Sen (marketing academic) |last1=Sen |first1=Sankar |title=Marketing and Minority Civil Rights: The Case of Amendment 2 and the Colorado Boycott |journal=Journal of Public Policy & Marketing |date=1996 |volume=15 |issue=2 |pages=311–318 |url=http://www.jstor.org/stable/30000366 |access-date=May 20, 2021}}
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.{{cite news |last1=Freeman |first1=Marc |title=Tossed Salad and Scrambled Eggs: An Oral History of Frasier |url=https://www.vanityfair.com/hollywood/2018/09/frasier-25th-anniversary-oral-history |access-date=May 20, 2021 |work=Vanity Fair |date=September 12, 2018}}
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.
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.{{cite news |last1=Pankratz |first1=Howard |title=Amendment 2 on hold as judge weighs case |url=https://denverpost.newsbank.com/doc/news/0EB1D2098E1235B8 |access-date=May 23, 2021 |work=Denver Post |date=January 15, 1993}} Later that day, he issued a permanent injunction against the amendment.{{cite news |last1=Pankratz |first1=Howard |title=Amendment 2 blocked - Basic right at stake, judge says |url=https://denverpost.newsbank.com/doc/news/0EB1D209AFC65288 |access-date=May 23, 2021 |work=Denver Post |date=January 16, 1993}} The state supreme court would find it unconstitutional in 1994, a position affirmed by the United States Supreme Court in 1996. Boycott Colorado, the main organization supporting the boycott, rescinded the call following the state supreme court's ruling.
References
{{reflist}}
Further reading
- {{cite book |last1=Herman |first1=Didi |title=The Antigay Agenda: Orthodox Vision and the Christian Right |date=1997 |publisher=University of Chicago Press |isbn=978-0-226-32764-8 |pages=137–169 |chapter-url=https://archive.org/details/antigayagendaort00herm/page/137/mode/1up?view=theater |chapter-url-access=registration |chapter=The Christian Right versus Gay Rights in Colorado, 1992–1996}}