Romer V. Evans as the Transformation of Local Government Law

Abstract

Colorado's Amendment 2 prohibited the state and local governments in Colorado from enforcing "any statute, regulation, ordinance or policy" offering legal protection on the basis of sexual orientation. It is in many ways a puzzling decision, since the state was doing no more than compelling local government to mirror its own policies, that offered no legal protection on the basis of sexual orientation. This article argues that the Court's holdiing effectively constitutionalizes aspect of the relationship between state and local governments, by preventing state governments from delegating police powers to local governments in a manner that prevents them from addressing what are in fact local issues.

Keywords: Local Government Law, Dillon's Rule, Constitutional Law