Romer v. Evans

Week 11 — Equal Protection — Rational Basis

Facts

  • Colorado amended its state constitution to prohibit any state or local governmental body from enacting protections for persons based on sexual orientation.
  • The amendment was primarily targeted at homosexuals.

Issue

Whether Colorado's constitutional amendment prohibiting protections based on sexual orientation served a legitimate government purpose under rational basis review.

Holding

No. The amendment failed even rational basis review and violated the Equal Protection Clause.

Reasoning

  • The government must remain open on impartial terms to all those who seek its assistance.
  • Harming a politically vulnerable group (gays) is not a legitimate government purpose.
  • Because the amendment was rooted in animus toward homosexuals rather than any legitimate interest, it could not satisfy even the deferential rational basis standard.

Notes

  • Romer is one of the cases that triggers what is colloquially called rational basis "with bite."
  • A bare congressional or State desire to harm or discriminate against a politically unpopular group is not a legitimate government interest.
  • Romer is one of several sexual-orientation cases where the Court dodged the level-of-scrutiny question (along with Lawrence, Windsor, and Obergefell).