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- From: nelson@reed.edu (Nelson Minar)
- Newsgroups: soc.motss,pnw.motss
- Subject: Re: 1991 anti-gay measure ruled unconstitutional
- Message-ID: <1992Nov18.010216.12367@reed.edu>
- Date: 18 Nov 92 01:02:16 GMT
- Article-I.D.: reed.1992Nov18.010216.12367
- References: <1992Nov17.134659.12749@lclark.edu> <1992Nov17.155754.29639@osf.org>
- Reply-To: nelson@reed.edu (Nelson Minar)
- Organization: Reed College, Portland, OR
- Lines: 41
-
- In article <1992Nov17.155754.29639@osf.org> coren@speed.osf.org (The man with the lovely, scratchable reddish beard) writes:
- >This is very nice, and I'm very glad these two laws were overturned.
-
- (speaking of the Concord law, and the Oregon law)
-
- >But I'm not sure I'd get too excited about the connection with
- >Colorado. I haven't seen enough details to be sure, but I would
- >suspect that these two cases found the laws in question to be in
- >conflict with their respective state constitutions.
-
- I'm still not sure on this, but I know a little more. I'm not a lawyer
- though: I'm just playing one on Usenet.
-
- The Concord measure seems to have been overturned because it violates
- the provisions for equal protection in the California state
- constitution, and possibly the US constitution.
-
- The Oregon measure seems to have been overturned because it endangers
- state employees *first amendment* rights. Yes, that's right - the US
- constitution's first amendment. The idea is that it's your
- constitutional right to express yourself as a queer, and that Measure
- 8 endangered that by creating a threatening atmosphere.
-
- I'm amazed at such a liberal interpretation, myself. The ACLU in
- Oregon was disappointed that the "equal protection" argument wasn't
- considered more strongly here - I suppose they think it's a stronger
- argument.
-
- >The Colorado amendment is *part* of the state constitution. To
- >overturn it, I believe, would require finding it in conflict with the
- >*Federal* constitution, so it's not clear that we have any useful
- >precedents yet.
-
- But if I'm right about Oregon, we now have at least one judicial
- precedent for the first amendment prohibiting laws that prohibit laws
- prohibiting discrimination on the basis of sexual orientation.
-
- Nothing an Oregon or California state court says will directly affect
- Colorado, but it's a big help for us.
- __
- nelson@reed.edu \/ Delicious & Nutritious breakfast cereals shot from guns!
-