The struggle for minority protection by lesbians and gay men has movedto the center of American life at the outset of the 1990's. It is almost certain that lesbian and gay issues will be a more eminent aspect of the public consciousness and American political scene in the coming decade than in any other time in American history. Policy changes early in Bill Clinton's administration created a heated debate over the military presence of gays andlesbians, several states have passed amendments prohibiting laws that protecthomosexuals from discrimination, and nearly every religious organization in thenation is facing tough questions ranging from the ordination of homosexuals tohomosexual marriages. Furthermore, the homosexual community is more prominentthan ever: Lesbians and gay men are fighting for civil rights in the courtroomand in Congress, there are gay characters on prime-time television shows, well-known public figures openly discussing their homosexuality, and there isvir!
             tually no one who can claim that they have never had contact with a homosexual.
             In the middle of all this publicity, there lingers a pendingSupreme Court case in which the fate of the homosexual lies: Romer v. Evans, acase that dominated Colorado that has come to "symbolize the controversy overgay legal rights" throughout the nation. This paper will trace the elements behind that case, and attempt to focus on the steps the Supreme Court willfollow to determine whether homosexuality must be legally considered a "suspect class" for the purposes of "quota preferences, protected status or claim ofdiscrimination" as outlined by Colorado's now-famous Amendment 2. Amendment 2 does away with any attempt to protect homosexuals as a groupthat needs special rights because of discrimination. It was enacted after astatewide referendum, in which 53% voted for the measure. Richard Evans suedthe state and Governor Romer (who, ironically, opposed the amendment) under theFou...