romer
evans
argued
october
decided
may
various
colorado
municipalities
passed
ordinances
banning
discrimination
based
sexual
orientation
housing
employment
education
public
accommodations
health
welfare
services
transactions
activities
colorado
voters
adopted
statewide
referendum
amendment
state
constitution
precludes
legislative
executive
judicial
action
level
state
local
government
designed
protect
status
persons
based
homosexual
lesbian
bisexual
orientation
conduct
practices
relationships
respondents
include
aggrieved
homosexuals
municipalities
commenced
litigation
state
petitioner
state
parties
declare
amendment
invalid
enjoin
enforcement
trial
grant
preliminary
injunction
sustained
colorado
held
amendment
subject
strict
scrutiny
equal
protection
clause
fourteenth
amendment
infringed
fundamental
right
gays
lesbians
participate
political
process
remand
trial
found
amendment
failed
satisfy
strict
scrutiny
enjoined
amendment
enforcement
state
affirmed
held
amendment
violates
equal
protection
clause
pp
state
principal
argument
amendment
puts
gays
lesbians
position
persons
denying
special
rights
rejected
implausible
extent
change
legal
status
effected
law
evident
authoritative
construction
colorado
establishes
amendment
immediate
effect
repeal
existing
statutes
regulations
ordinances
policies
state
local
entities
barring
discrimination
based
sexual
orientation
ultimate
effect
prohibit
governmental
entity
adopting
similar
protective
measures
future
absent
state
constitutional
amendment
review
terms
structure
page
ii
operation
ordinances
repealsed
prohibited
amendment
even
state
contends
homosexuals
find
protection
laws
policies
general
application
amendment
goes
well
beyond
merely
depriving
special
rights
imposes
broad
disability
upon
persons
alone
forbidding
others
seek
specific
legal
protection
injuries
caused
discrimination
wide
range
public
private
transactions
pp
order
reconcile
fourteenth
amendment
promise
person
shall
denied
equal
protection
practical
reality
legislation
classifies
one
purpose
another
stated
uphold
law
neither
burdens
fundamental
right
targets
suspect
class
long
legislative
classification
bears
rational
relation
independent
legitimate
legislative
end
see
heller
doe
amendment
fails
indeed
defies
even
conventional
inquiry
first
amendment
narrow
broad
identifying
persons
single
trait
denying
possibility
protection
across
board
disqualification
class
persons
right
obtain
specific
protection
law
unprecedented
denial
equal
protection
literal
sense
second
sheer
breadth
amendment
makes
general
announcement
gays
lesbians
shall
particular
protections
law
far
removed
reasons
offered
respect
citizens
freedom
association
particularly
landlords
employers
personal
religious
objections
homosexuality
state
interest
conserving
resources
fight
discrimination
groups
amendment
explained
reference
reasons
amendment
raises
inevitable
inference
born
animosity
toward
class
affects
amendment
said
directed
identifiable
legitimate
purpose
discrete
objective
classification
persons
undertaken
sake
something
equal
protection
clause
permit
pp
kennedy
delivered
opinion
stevens
souter
ginsburg
breyer
joined
scalia
filed
dissenting
opinion
rehnquist
thomas
joined
romer
evans
justice
kennedy
delivered
opinion
one
century
ago
first
justice
harlan
admonished
constitution
neither
knows
tolerates
classes
among
citizens
plessy
ferguson
dissenting
opinion
unheeded
words
understood
state
commitment
law
neutrality
rights
persons
stake
equal
protection
clause
enforces
principle
today
requires
us
hold
invalid
provision
colorado
constitution
enactment
challenged
case
amendment
constitution
state
colorado
adopted
statewide
referendum
parties
state
courts
refer
amendment
designation
submitted
voters
impetus
amendment
contentious
campaign
preceded
adoption
came
large
part
ordinances
passed
various
colorado
municipalities
example
cities
aspen
boulder
city
county
denver
enacted
ordinances
banned
discrimination
many
transactions
activities
including
housing
employment
education
public
accommodations
health
welfare
services
denver
rev
municipal
code
art
iv
aspen
municipal
code
boulder
rev
code
romer
evans
gave
rise
statewide
controversy
protection
ordinances
afforded
persons
discriminated
reason
sexual
orientation
see
boulder
rev
code
defining
sexual
orientation
choice
sexual
partners
bisexual
homosexual
heterosexual
denver
rev
municipal
code
art
iv
defining
sexual
orientation
status
individual
heterosexuality
homosexuality
bisexuality
amendment
repeals
ordinances
extent
prohibit
discrimination
basis
homosexual
lesbian
bisexual
orientation
conduct
practices
relationships
colo
art
ii
yet
amendment
explicit
terms
repeal
rescind
provisions
prohibits
legislative
executive
judicial
action
level
state
local
government
designed
protect
named
class
class
shall
refer
homosexual
persons
gays
lesbians
amendment
reads
protected
status
based
homosexual
lesbian
bisexual
orientation
neither
state
colorado
branches
departments
agencies
political
subdivisions
municipalities
school
districts
shall
enact
adopt
enforce
statute
regulation
ordinance
policy
whereby
homosexual
lesbian
bisexual
orientation
conduct
practices
relationships
shall
constitute
otherwise
basis
entitle
person
class
persons
claim
minority
status
quota
preferences
protected
status
claim
discrimination
section
constitution
shall
respects
ibid
romer
evans
trial
granted
preliminary
injunction
stay
enforcement
amendment
appeal
taken
colorado
sustaining
interim
injunction
remanding
case
proceedings
state
held
amendment
subject
strict
scrutiny
fourteenth
amendment
infringed
fundamental
right
gays
lesbians
participate
political
process
evans
romer
evans
reach
conclusion
state
relied
voting
rights
cases
reynolds
sims
carrington
rash
harper
virginia
bd
elections
williams
rhodes
precedents
involving
discriminatory
restructuring
governmental
decisionmaking
see
hunter
erickson
reitman
mulkey
washington
seattle
school
dist
gordon
lance
remand
state
advanced
various
arguments
effort
show
amendment
narrowly
tailored
serve
compelling
interests
trial
found
none
sufficient
enjoined
enforcement
amendment
colorado
second
opinion
affirmed
ruling
evans
romer
evans
ii
granted
certiorari
affirm
judgment
rationale
different
adopted
state
romer
evans
ii
state
principal
argument
defense
amendment
puts
gays
lesbians
position
persons
state
says
measure
deny
homosexuals
special
rights
reading
amendment
language
implausible
rely
upon
interpretation
amendment
upon
authoritative
construction
colorado
state
deeming
unnecessary
determine
full
extent
amendment
reach
found
invalid
even
modest
reading
implications
critical
discussion
amendment
set
evans
follows
immediate
objective
amendment
minimum
repeal
existing
statutes
regulations
ordinances
policies
state
local
entities
barred
discrimination
based
sexual
orientation
see
aspen
mun
code
prohibiting
discrimination
employment
housing
public
accommodations
basis
sexual
orientation
boulder
rev
code
denver
rev
mun
code
art
iv
executive
order
december
prohibiting
employment
discrimination
state
employees
classified
exempt
basis
sexual
orientation
colorado
insurance
code
supp
forbidding
health
insurance
providers
determining
insurability
premiums
based
applicant
beneficiary
insured
sexual
orientation
various
provisions
prohibiting
discrimination
based
sexual
orientation
state
metropolitan
state
college
denver
prohibits
college
sponsored
social
clubs
discriminating
membership
basis
sexual
orientation
colorado
state
university
antidiscrimination
policy
encompasses
sexual
orientation
ultimate
effect
amendment
prohibit
governmental
entity
adopting
similar
romer
evans
protective
statutes
regulations
ordinances
policies
future
unless
state
constitution
first
amended
permit
measures
sweeping
comprehensive
change
legal
status
effected
law
much
evident
ordinances
colorado
declared
void
operation
amendment
homosexuals
state
decree
put
solitary
class
respect
transactions
relations
private
governmental
spheres
amendment
withdraws
homosexuals
others
specific
legal
protection
injuries
caused
discrimination
forbids
reinstatement
laws
policies
romer
evans
colorado
state
municipal
laws
typify
emerging
tradition
statutory
protection
follow
consistent
pattern
laws
first
enumerate
persons
entities
subject
duty
discriminate
list
goes
well
beyond
entities
covered
common
law
boulder
ordinance
example
comprehensive
definition
entities
deemed
places
public
accommodation
include
place
business
engaged
sales
general
public
place
offers
services
facilities
privileges
advantages
general
public
receives
financial
support
solicitation
general
public
governmental
subsidy
kind
boulder
rev
code
denver
ordinance
similar
breadth
applying
example
hotels
restaurants
hospitals
dental
clinics
theaters
banks
common
carriers
travel
insurance
agencies
shops
stores
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goods
services
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denver
rev
municipal
code
art
iv
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ordinances
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guidance
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colorado
state
local
governments
limited
laws
groups
far
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heightened
equal
protection
scrutiny
cases
see
alabama
ex
rel
slip
sex
lalli
lalli
illegitimacy
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florida
race
oyama
california
ancestry
rather
set
forth
extensive
catalogue
traits
basis
discrimination
including
age
military
status
marital
status
pregnancy
parenthood
custody
minor
child
political
affiliation
physical
mental
disability
romer
evans
individual
associates
recent
times
sexual
orientation
aspen
municipal
code
boulder
rev
code
denver
rev
municipal
code
art
iv
rev
stat
supp
amendment
bars
homosexuals
securing
protection
injuries
laws
address
severe
consequence
amendment
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legal
protections
targeted
class
transactions
housing
sale
real
estate
insurance
health
welfare
services
private
education
employment
see
aspen
municipal
code
boulder
rev
code
denver
rev
municipal
code
art
iv
confined
private
sphere
amendment
also
operates
repeal
forbid
laws
policies
providing
specific
protection
gays
lesbians
discrimination
every
level
colorado
government
state
cited
two
examples
protections
governmental
sphere
rescinded
may
reintroduced
first
colorado
executive
order
forbids
employment
discrimination
state
employees
classified
exempt
basis
sexual
orientation
also
repealed
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sexual
orientation
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demonstrates
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colorado
governmental
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elsewhere
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specific
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benefit
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lesbians
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evans
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rev
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code
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ii
view
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homosexuals
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may
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romer
evans
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view
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landlords
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colorado
also
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interest
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breadth
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clause
judgment
colorado
affirmed
ordered
romer
evans
justice
scalia
chief
justice
justice
thomas
join
dissenting
mistaken
kulturkampf
fit
spite
constitutional
amendment
us
manifestation
bare
desire
harm
homosexuals
ante
rather
modest
attempt
seemingly
tolerant
coloradans
preserve
traditional
sexual
mores
efforts
politically
powerful
minority
revise
mores
use
laws
objective
means
chosen
achieve
unimpeachable
constitutional
doctrine
hitherto
pronounced
hence
opinion
heavy
reliance
upon
principles
righteousness
rather
judicial
holdings
specifically
approved
congress
holding
homosexuality
singled
disfavorable
treatment
contradicts
decision
unchallenged
pronounced
years
ago
see
bowers
hardwick
places
prestige
institution
behind
proposition
opposition
homosexuality
reprehensible
racial
religious
bias
whether
precisely
cultural
debate
gave
rise
colorado
constitutional
amendment
preferential
laws
amendment
directed
since
constitution
says
nothing
romer
evans
subject
left
resolved
normal
democratic
means
including
democratic
adoption
provisions
state
constitutions
business
imposing
upon
americans
resolution
favored
elite
class
members
institution
selected
pronouncing
animosity
toward
homosexuality
ante
evil
vigorously
dissent
let
first
discuss
part
ii
opinion
longest
section
devoted
rejecting
state
arguments
amendment
puts
gays
lesbians
position
persons
deny
homosexuals
special
rights
ante
concludes
reading
amendment
language
implausible
authoritative
construction
given
amendment
colorado
ibid
reaching
conclusion
considers
unnecessary
decide
validity
state
argument
amendment
deprive
homosexuals
protection
afforded
general
laws
policies
prohibit
arbitrary
discrimination
governmental
private
settings
ante
agree
need
resolve
dispute
colorado
resolved
us
evans
romer
colorado
stated
significant
note
colorado
law
currently
proscribes
discrimination
persons
suspect
classes
including
discrimination
based
age
supp
marital
family
status
supp
veterans
status
legal
conduct
smoking
tobacco
course
amendment
intended
effect
legislation
seeks
prevent
adoption
laws
intended
protect
gays
lesbians
romer
evans
bisexuals
emphasis
added
despite
potential
effect
amendment
general
antidiscrimination
laws
opinion
ultimately
dispute
assumes
romer
evans
true
see
ante
denial
equal
treatment
contends
homosexuals
suffered
may
obtain
preferential
treatment
without
amending
state
constitution
say
principle
underlying
opinion
one
accorded
equal
treatment
laws
readily
others
obtain
preferential
treatment
laws
denied
equal
protection
laws
merely
stating
alleged
equal
protection
violation
suffice
refute
constitutional
jurisprudence
achieved
terminal
silliness
central
thesis
reasoning
group
denied
equal
protection
obtain
advantage
presumably
avoid
disadvantage
must
recourse
general
hence
difficult
level
political
decisionmaking
others
world
never
heard
principle
opinion
long
emotive
utterance
short
relevant
legal
citation
seems
unlikely
multilevel
democracy
function
principle
whenever
disadvantage
imposed
conferral
benefit
prohibited
one
higher
levels
democratic
decisionmaking
state
legislature
rather
local
government
people
large
state
constitution
rather
legislature
affected
group
theory
denied
equal
protection
take
simplest
examples
consider
state
law
prohibiting
award
municipal
contracts
relatives
mayors
city
councilmen
law
passed
group
composed
relatives
must
order
get
benefit
city
contracts
persuade
state
legislature
unlike
citizens
need
persuade
municipality
ridiculous
consider
denial
equal
protection
theory
might
reply
example
given
denial
equal
protection
rational
basis
avoidance
corruption
renders
constitutional
substantive
discrimination
relatives
fact
romer
evans
alone
obtain
city
contracts
also
automatically
suffices
sustain
might
called
discrimination
fact
must
go
state
level
get
changed
course
perfectly
reasonable
response
explain
discrimination
hitherto
heard
law
valid
substance
automatically
valid
level
enactment
afford
make
argument
shall
discuss
next
doubt
rational
basis
substance
prohibition
issue
entire
novel
theory
rests
upon
proposition
something
special
something
justified
normal
rational
basis
analysis
making
disadvantaged
group
nonpreferred
group
resort
higher
decisionmaking
level
proposition
finds
support
law
logic
ii
turn
next
whether
legitimate
rational
basis
substance
constitutional
amendment
prohibition
special
protection
homosexuals
unsurprising
avoids
discussion
question
since
answer
obviously
yes
case
relevant
issue
us
today
even
mentioned
opinion
bowers
hardwick
held
constitution
prohibit
virtually
done
founding
republic
romer
evans
recent
years
making
homosexual
conduct
crime
holding
unassailable
except
think
constitution
changes
suit
current
fashions
event
given
present
case
respondents
briefs
urge
overruling
bowers
oral
argument
respondents
counsel
expressly
disavowed
intent
seek
overruling
tr
oral
arg
constitutionally
permissible
state
make
homosexual
conduct
criminal
surely
constitutionally
permissible
state
enact
laws
merely
disfavoring
homosexual
conduct
appeals
district
columbia
circuit
aptly
put
bowers
unwilling
object
state
laws
criminalize
behavior
defines
class
hardly
open
conclude
state
sponsored
discrimination
class
invidious
hardly
palpable
discrimination
class
making
conduct
defines
class
criminal
padula
webster
fortiori
constitutionally
permissible
state
adopt
provision
even
disfavoring
homosexual
conduct
merely
prohibiting
levels
state
government
bestowing
special
protections
upon
homosexual
conduct
respondents
unlike
afford
luxury
ignoring
inconvenient
precedent
counter
bowers
argument
rationale
justify
amendment
application
individuals
engage
homosexual
acts
merely
homosexual
orientation
courts
appeals
concluded
respect
laws
sort
least
distinction
without
difference
see
equality
foundation
greater
cincinnati
cincinnati
purposes
proceedings
virtually
impossible
distinguish
separate
individuals
particular
orientation
predisposes
toward
particular
sexual
conduct
actually
engage
particular
type
sexual
conduct
steffan
perry
cadc
colorado
appears
view
romer
evans
see
amendment
targets
class
persons
based
four
characteristics
sexual
orientation
conduct
practices
relationships
characteristic
provides
potentially
different
way
identifying
class
persons
gay
lesbian
bisexual
four
characteristics
truly
severable
one
another
provides
nothing
different
way
identifying
class
persons
emphasis
added
assuming
amendment
person
homosexual
orientation
someone
engage
homosexual
conduct
merely
tendency
desire
bowers
still
suffices
establish
rational
basis
provision
rational
criminalize
conduct
surely
rational
deny
special
favor
protection
tendency
desire
engage
conduct
indeed
criminal
sanctions
involved
homosexual
orientation
acceptable
homosexual
conduct
state
violate
equal
protection
clause
merely
classifications
made
laws
imperfect
dandridge
williams
policy
barring
hiring
methadone
users
transit
employees
violate
equal
protection
simply
methadone
users
pose
threat
passenger
safety
see
new
york
city
transit
authority
beazer
mandatory
retirement
age
police
officers
violate
equal
protection
even
though
prematurely
ends
careers
many
policemen
still
capacity
job
see
massachusetts
bd
retirement
murgia
per
curiam
amendment
constitutionally
invalid
simply
drawn
precisely
withdraw
special
antidiscrimination
protections
homosexual
orientation
actually
engage
homosexual
conduct
justice
kennedy
wrote
appeals
case
involving
discharge
homosexuals
navy
nearly
statute
classifies
people
may
irrational
applied
romer
evans
particular
cases
discharge
particular
plaintiffs
us
rational
minimal
scrutiny
particular
cases
present
dangers
justify
navy
policy
instead
general
policy
discharging
homosexuals
rational
beller
middendorf
citation
omitted
see
also
marsh
cert
denied
moreover
even
provision
regarding
homosexual
orientation
invalid
respondents
challenge
amendment
facial
challenge
must
fail
facial
challenge
legislative
act
course
difficult
challenge
mount
successfully
since
challenger
must
establish
set
circumstances
exists
act
valid
salerno
enough
respondents
establish
amendment
unconstitutional
applied
homosexual
orientation
since
bowers
amendment
unquestionably
constitutional
applied
engage
homosexual
conduct
facial
challenge
succeed
individuals
homosexual
orientation
engage
homosexual
acts
might
successfully
bring
challenge
amendment
far
record
indicates
none
respondents
person
see
app
complaint
describing
individual
respondents
either
gay
man
lesbian
romer
evans
iii
foregoing
suffices
establish
failure
cite
case
remotely
point
lead
one
suspect
principle
set
forth
constitution
even
imagined
past
years
prohibits
colorado
done
case
colorado
much
stronger
done
unprohibited
eminently
reasonable
close
congressionally
approved
precedent
earlier
constitutional
practice
first
eminent
reasonableness
opinion
contains
grim
disapproving
hints
coloradans
guilty
animus
animosity
toward
homosexuality
though
established
unamerican
course
moral
heritage
one
hate
human
class
human
beings
thought
one
consider
certain
conduct
reprehensible
murder
example
polygamy
cruelty
animals
exhibit
even
animus
toward
conduct
surely
sort
animus
issue
moral
disapproval
homosexual
conduct
sort
moral
disapproval
produced
criminal
laws
held
constitutional
bowers
colorado
amendment
speak
entirely
precisely
prohibit
giving
favored
status
people
homosexuals
favored
many
reasons
example
senior
citizens
members
racial
minorities
prohibits
giving
favored
status
homosexual
conduct
prohibits
favored
status
homosexuality
though
coloradans
say
entitled
hostile
toward
homosexual
conduct
fact
degree
hostility
reflected
amendment
smallest
conceivable
portrayal
coloradans
society
fallen
victim
romer
evans
pointless
false
comical
colorado
one
repealed
antisodomy
laws
among
first
see
sess
laws
ch
society
eliminates
criminal
punishment
homosexual
acts
necessarily
abandon
view
homosexuality
morally
wrong
socially
harmful
often
abolition
simply
reflects
view
enforcement
criminal
laws
involves
unseemly
intrusion
intimate
lives
citizens
cf
brief
lambda
legal
defense
education
fund
et
al
amici
curiae
bowers
hardwick
antisodomy
statutes
unenforceable
offensive
snooping
wasteful
allocation
law
enforcement
resources
kadish
crisis
overcriminalization
annals
american
academy
political
social
science
obtain
evidence
sodomy
cases
police
obliged
resort
behavior
tends
degrade
demean
personally
law
enforcement
institution
problem
however
arises
criminal
sanction
homosexuality
eliminated
moral
social
disapprobation
homosexuality
meant
retained
unaware
problem
evident
many
cities
country
occasionally
bubbles
surface
news
heated
political
disputes
matters
introduction
local
schools
books
teaching
homosexuality
optional
fully
acceptable
alternate
life
style
problem
problem
wish
retain
social
disapprobation
homosexuality
engage
homosexual
conduct
tend
reside
disproportionate
numbers
certain
communities
see
record
exh
mmm
high
disposable
income
see
ibid
app
affidavit
james
hunter
course
care
issues
much
ardently
public
large
possess
political
power
much
greater
numbers
locally
statewide
quite
understandably
devote
political
power
achieving
romer
evans
merely
grudging
social
toleration
full
social
acceptance
homosexuality
see
jacobs
rhetorical
construction
rights
case
gay
rights
movement
neb
rev
task
gay
rights
proponents
move
center
public
discourse
along
continuum
rhetoric
disapprobation
rhetoric
tolerance
finally
affirmation
time
coloradans
asked
vote
amendment
exposure
homosexuals
quest
social
endorsement
limited
newspaper
accounts
happenings
places
new
york
los
angeles
san
francisco
key
west
three
colorado
cities
aspen
boulder
denver
enacted
ordinances
listed
sexual
orientation
impermissible
ground
discrimination
equating
moral
disapproval
homosexual
conduct
racial
religious
bigotry
see
aspen
municipal
code
boulder
rev
municipal
code
denver
rev
municipal
code
art
iv
phenomenon
even
appeared
statewide
governor
colorado
signed
executive
order
pronouncing
state
colorado
recognize
diversity
pluralistic
society
strive
bring
end
discrimination
form
directing
state
ensure
hiring
promotion
based
among
things
sexual
orientation
executive
order
mean
critical
legislative
successes
homosexuals
entitled
use
legal
system
reinforcement
moral
sentiments
rest
society
subject
countered
lawful
democratic
countermeasures
well
amendment
came
sought
counter
geographic
concentration
disproportionate
political
power
homosexuals
resolving
controversy
statewide
level
making
election
contest
sides
put
directly
citizens
state
question
homosexuality
given
romer
evans
special
protection
answered
today
asserts
democratic
procedures
unconstitutional
lacking
cases
establish
facially
absurd
proposition
simply
asserts
must
unconstitutional
never
happened
amendment
identifies
persons
single
trait
denies
protection
across
board
resulting
disqualification
class
persons
right
seek
specific
protection
law
unprecedented
jurisprudence
absence
precedent
amendment
instructive
within
constitutional
tradition
enact
laws
sort
central
idea
rule
law
constitution
guarantee
equal
protection
principle
government
parts
remain
open
impartial
terms
seek
assistance
ante
romer
evans
much
closer
analogy
one
involves
precisely
effort
majority
citizens
preserve
view
sexual
morality
statewide
efforts
geographically
concentrated
politically
powerful
minority
undermine
constitutions
arizona
idaho
new
mexico
oklahoma
utah
day
contain
provisions
stating
polygamy
forever
prohibited
see
ariz
art
xx
par
idaho
art
art
xxi
okla
art
utah
art
iii
polygamists
polygamous
orientation
singled
provisions
much
severe
treatment
merely
denial
favored
status
treatment
changed
achieving
amendment
state
constitutions
disposition
today
suggests
provisions
unconstitutional
polygamy
must
permitted
perhaps
even
basis
unless
course
polygamists
reason
fewer
constitutional
rights
homosexuals
congress
way
required
inclusion
antipolygamy
provisions
constitutions
arizona
new
mexico
oklahoma
utah
condition
admission
statehood
see
arizona
enabling
act
stat
new
mexico
enabling
act
stat
oklahoma
enabling
act
stat
utah
enabling
act
stat
arizona
new
mexico
utah
moreover
enabling
acts
required
antipolygamy
provisions
irrevocable
without
consent
people
said
state
parts
open
impartial
terms
polygamists
even
whole
polygamists
persuade
whole
country
way
thinking
idaho
adopted
constitutional
provision
congress
admitted
idaho
union
found
constitution
republican
form
conformity
constitution
act
admission
idaho
stat
emphasis
romer
evans
added
thus
singling
sexual
practices
single
group
statewide
democratic
vote
utterly
alien
constitutional
system
us
believe
happened
received
explicit
approval
congress
say
explicitly
approved
state
constitutional
provisions
approved
territorial
statutory
provision
went
even
depriving
polygamists
ability
even
achieve
constitutional
amendment
depriving
power
vote
davis
beason
justice
field
wrote
unanimous
judgment
revised
statutes
idaho
territory
provides
person
bigamist
polygamist
teaches
advises
counsels
encourages
person
persons
become
bigamists
polygamists
commit
crime
defined
law
enter
known
plural
celestial
marriage
member
order
organization
association
teaches
advises
counsels
encourages
members
devotees
persons
commit
crime
bigamy
polygamy
crime
defined
law
permitted
vote
election
hold
position
office
honor
trust
profit
within
territory
open
constitutional
legal
objection
emphasis
added
romer
evans
cited
beason
approval
recently
opinion
authored
justice
writes
romer
evans
today
opinion
said
dverse
impact
always
lead
finding
impermissible
targeting
example
social
harm
may
legitimate
concern
government
reasons
quite
apart
discrimination
see
davis
beason
church
lukumi
babalu
aye
hialeah
remains
explained
idaho
revised
statutes
impermissible
targeting
polygamists
much
mild
amendment
impermissible
targeting
homosexuals
concluded
perceived
social
harm
polygamy
legitimate
concern
government
perceived
social
harm
homosexuality
iv
strongly
suspect
answer
last
question
yes
leads
last
point
wish
make
today
announcing
amendment
defies
conventional
constitutional
inquiry
ante
confounds
normal
process
judicial
review
ante
employs
constitutional
theory
heretofore
unknown
frustrate
colorado
reasonable
effort
preserve
traditional
american
moral
values
stern
disapproval
animosity
towards
homosexuality
might
compared
earlier
including
revered
justices
harlan
bradley
said
murphy
ramsey
rejecting
constitutional
challenge
statute
denied
franchise
federal
territories
engaged
polygamous
cohabitation
ertainly
legislation
supposed
wholesome
necessary
founding
free
commonwealth
fit
take
rank
one
union
seeks
establish
basis
idea
family
consisting
springing
union
life
one
man
one
woman
holy
estate
matrimony
sure
foundation
stable
noble
romer
evans
civilization
best
guaranty
reverent
morality
source
beneficent
progress
social
political
improvement
today
done
inventing
novel
extravagant
constitutional
doctrine
take
victory
away
traditional
forces
even
verbally
disparaging
bigotry
adherence
traditional
attitudes
suggest
example
constitutional
amendment
springs
nothing
bare
desire
harm
politically
unpopular
group
ante
quoting
department
agriculture
moreno
nothing
short
insulting
also
nothing
short
preposterous
call
politically
unpopular
group
enjoys
enormous
influence
american
media
politics
trial
noted
though
composing
population
support
voters
amendment
see
app
pet
cert
takes
sides
culture
wars
tends
knights
rather
villeins
specifically
templars
reflecting
views
values
lawyer
class
members
drawn
class
feels
homosexuality
evident
anyone
wishes
interview
job
applicants
virtually
nation
law
schools
interviewer
may
refuse
offer
job
applicant
republican
adulterer
went
wrong
prep
school
belongs
wrong
country
club
eats
snails
womanizer
wears
fur
even
hates
chicago
cubs
interviewer
wish
associate
partner
applicant
disapproves
romer
evans
applicant
homosexuality
violated
pledge
association
american
law
schools
requires
exact
job
interviewers
assurance
employer
willingness
hire
homosexuals
bylaws
association
american
law
schools
executive
committee
regulations
association
american
law
schools
handbook
association
american
law
schools
view
prejudices
must
stamped
may
contrasted
plebeian
attitudes
apparently
still
prevail
congress
unresponsive
repeated
attempts
extend
homosexuals
protections
federal
civil
rights
laws
see
employment
act
sess
civil
rights
amendments
sess
took
pains
exclude
specifically
americans
disabilities
act
see
supp
footnotes
colorado
stated
hold
portions
amendment
remain
provision
concerning
sexual
orientation
stricken
autonomous
thus
severable
statement
premised
however
proposition
four
characteristics
described
amendment
sexual
orientation
conduct
practices
relationships
truly
severable
one
another
provides
nothing
different
way
identifying
class
persons
emphasis
added
discussed
premise
true
entire
class
affected
amendment
takes
part
homosexual
conduct
practices
relationships
bowers
alone
suffices
answer
romer
evans
constitutional
objections
separate
consideration
persons
homosexual
orientation
necessary
one
believes
colorado
distinct
class
labors
mightily
get
around
beason
see
ante
escape
central
fact
found
statute
issue
went
much
amendment
denying
polygamists
merely
special
treatment
right
vote
open
constitutional
legal
objection
rejecting
appellant
argument
much
like
argument
respondents
today
statute
impermissibly
single
brief
appellant
davis
beason
adopts
conclusions
insofar
beason
permits
imposition
adverse
consequences
based
upon
mere
advocacy
overruled
subsequent
cases
insofar
beason
holds
convicted
felons
may
denied
right
vote
remains
good
law
conclusions
adds
something
new
claim
extent
beason
held
groups
designated
statute
may
deprived
right
vote
status
ruling
stand
without
surviving
strict
scrutiny
doubtful
outcome
ante
declared
right
vote
fundamental
political
right
see
dunn
blumstein
deprivation
triggers
strict
scrutiny
amendment
course
deny
fundamental
right
vote
rejects
colorado
view
exists
fundamental
right
participate
political
process
strict
scrutiny
thus
play
see
ante
finally
suggestion
revised
statutes
idaho
amendment
deny
rights
account
status
rather
conduct
opens
broader
debate
involving
significance
bowers
case
debate
otherwise
unwilling
join
see
supra
page