The Missing Pages of the Majority Opinion in Romer v. Evans

22 Pages Posted: 18 Oct 2015

See all articles by Lynn A. Baker

Lynn A. Baker

University of Texas School of Law

Date Written: 1997

Abstract

This Essay was prepared for the Fifth Annual Ira C. Rothgerber, Jr., Conference on Constitutional Law, "Gay Rights and the Courts: The Amendment 2 Controversy," at the University of Colorado School of Law in October 1996.

The Essay argues that the Romer majority reached the correct result, but for reasons that it articulated only partially or not at all. It therefore goes on to provide the "missing pages" of the majority opinion in Romer. Two gaps, in particular, require filling. The first is the majority's failure to acknowledge Bowers v. Hardwick (478 U.S. 186 (1986)) and to respond to the dissent's arguments that Bowers logically requires that Amendment 2 be sustained. The second is the failure of both the majority and the dissent to discuss the implications for the constitutionality of Amendment 2 of the state's near plenary power over its political subdivisions.

Keywords: gay rights, greater includes the lesser, direct democracy

JEL Classification: K1, K10

Suggested Citation

Baker, Lynn A., The Missing Pages of the Majority Opinion in Romer v. Evans (1997). 68 University of Colorado Law Review 387 (1997), U of Texas Law, Public Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2675394

Lynn A. Baker (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1325 (Phone)

HOME PAGE: http://https://law.utexas.edu/faculty/lynn-a-baker/

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