Dallas Voice (Dallas, Tex.), Vol. 12, No. 21, Ed. 1 Friday, September 22, 1995 Page: 7 of 88
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Appeal
CONTINUED FROM PAGE 5
court called a fundamental right —-
equal participation in the political
process.
The existence of such a right is the
key issue because gays and lesbians,
unlike racial minorities, are not members
of a “suspect class” entitled to height-
ened judicial protection. And the court is
not being asked to change that.
“What’s at stake here is the meaning
of equality and citizenship,” Goldberg
said, adding that the case is as critical to
gay rights as the continuing challenges
to the military’s “don’t ask, don’t tell”
policy.
“Like the gays-in-the-military cases,
this case gets to the heart of equality,”
she said.
Steven McFarland of the Christian
Legal Society doesn’t view the case that
way. “This amendment wouldn't take
away a homosexual’s right to vote, or to
speak.”
The court's decision, expected by
next summer, is sure to have as much of
a political impact as a legal one.
“Most of the public will see the deci-
sion as either an endorsement or a repu-
diation of homosexuality,” said Melissa
Wells-Petry of the pro-amendment
Family Research Council. “The moral
overtone cannot be denied.” ▼
Attorney for Colorado gays expresses
anxiety over Supreme Court hearing
ASSOCIATED PRESS
BOULDER, Colo. — Boulder attor-
ney Jean Dubofsky plans to tailor her
arguments against Amendment 2 to
Supreme Court Justice Anthony
Kennedy.
“I have been told the way one pre-
pares for argument before the Supreme
Court is to figure out who your fifth
vote will be and frame your argument
to reach that fifth vote,” Dubofsky told
a group of University of Colorado law
students Wednesday. Five votes would
be a majority on the nine-member
panel.
Dubofsky said she selected
Kennedy because “he has shown more
interest in civil rights protections than
the other justices have.”
Dubofsky is the lead attorney for a
group of Coloradans seeking to declare
the anti-gay rights amendment uncon-
stitutional. The amendment, approved
by voters in 1992, would ban state and
local laws that would prevent discrimi-
nation based on sexual orientation.
The U.S. Supreme Court is sched-
uled to hear arguments in the case in
October.
In her speech to the CU students,
Dubofsky said she faces an uphill bat-
tle.
“I'm not sure we will prevail. It’s a
very, very, very conservative time in
‘this country and the Supreme Court is
very conservative,” she said, “consider-
ing how dramatic some of its decisions
were this term.”
Dubofsky's brief to the Supreme
Court has been supported by filings
from the American Bar Association, the
Colorado Bar Association, churches, an
association of psychiatrists, psycholo-
gists and social workers, several civil
rights organizations and several states
and major cities.
Dubofsky said her argument will
focus on the 14th Amendment protec-
tion, which states no single group can
be isolated and denied participation in
the political process. She plans to use
fair housing cases brought by blacks in
the 1960s and 1970s as a basis.
A second argument will be there
was no rational basis for Amendment 2
because it does not result in the goals
the state claims it aimed to achieve.
Dubofsky predicted the Supreme
Court will decide the case on the nar-
rowest possible basis. ▼
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DALLAS VOICE
SEPTEMBER 22, 1995
7
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 12, No. 21, Ed. 1 Friday, September 22, 1995, newspaper, September 22, 1995; (https://texashistory.unt.edu/ark:/67531/metapth616388/m1/7/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.