Romer v. Evans

For the first time, the Supreme Court gave homosexuals constitutional protection against government or private discrimination. The issue, however, spurred emotional debate on both sides, promising future legal battles over the rights of gays and lesbians.

For hundreds of years, most homosexuals in America kept their sexuality hidden. Religious teachings condemned their behavior, and state and local laws made homosexual acts illegal. Then came the Stonewall riots. On 27 June 1969, New York police raided the Stonewall Inn, a gay bar in Greenwich Village, just as police across America had raided other gay bars before. But this time, the people inside the Stonewall clashed with the police. For the next three nights, gays rioted in New York, releasing years of pent-up frustration over their legal and social persecution.

From that point on, gays and lesbians grew more outspoken in their quest for tolerance. A year after the Stonewall riots, 5,000 homosexuals marched in New York City to commemorate the event. The movement for equality grew during the 1970s and 1980s, and in 1987, more than half-a-million gays and lesbians rallied in Washington D.C., to demand fair legal treatment.

At that time, however, the Supreme Court had just dealt the gay rights movement a major setback. In Bowers v. Hardwick (1986), the Court refused to grant gays a constitutional right of privacy to engage in homosexual acts. The ruling upheld a Georgia law, and similar laws in more than 20 states, that made sodomy a crime. Homosexuals also faced growing vocal opposition from some religious groups and others concerned about public morality. Colorado became the first legal battleground between gays and their detractors, as state voters approved an amendment denying gays and lesbians protection from discrimination.