wfn.org | STATED CLERK FILES BRIEF IN COLORADO GAY RIGHTS CASE

[PCUSA_NEWS@ecunet.org]

7-Jul-95

95242  STATED CLERK FILES BRIEF IN COLORADO GAY RIGHTS CASE 
 
                      by Jerry L. Van Marter 
 
LOUISVILLE, Ky.--Citing General Assembly policy that supports civil rights 
protections for gay and lesbian persons, Stated Clerk the Rev. James E. 
Andrews has filed an "amicus curiae" brief in the U.S.  Supreme Court, 
joining the opposition to a controversial constitutional amendment in 
Colorado. 
 
     Andrews filed the brief in the case of "Romer v. Evans" on June 19. 
 
     At issue in the case is the constitutionality of Colorado's "Amendment 
2," which was passed by voters in 1992.  The amendment prohibits gay, 
lesbian or bisexual Coloradans from obtaining any protected status or 
making a claim of discrimination.  The Colorado Supreme Court overturned 
Amendment 2 in 1993, and that ruling is now being appealed to the U.S. high 
court. 
 
     According to court records, more than a dozen religious organizations 
have filed "amicus" briefs on both sides of the case. 
 
     In his brief Andrews wrote, "The General Assembly has consistently 
voted support for the protection of the civil rights and personal liberties 
of gay and lesbian persons" in resolutions ranging back 20 years. 
 
     In the oft-quoted policy statement of 1978, the Assembly advised that 
"vigilance must be exercised to oppose federal, state and local legislation 
that discriminates against persons on the basis of sexual orientation." 
 
     Andrews stated, "The Presbyterian Church (U.S.A.) disapproves of 
homosexual behavior, particularly with respect to ordained officers of the 
church, and has declared that  homosexuality is not God's wish for 
humanity.'  Nevertheless, these same pronouncements call for such activity 
to be treated as matters of private conduct protected from government 
intrusion.  The Presbyterian Church has consistently sought to reserve such 
matters for moral and theological dialogues." 
 
     The 1993 General Assembly identified Amendment 2 as discriminatory and 
instructed Andrews to monitor its movement through the courts.  Andrews 
said that when the U.S. Supreme Court decided to review the 
constitutionality of the amendment, he informed the Colorado presbyteries 
that he was preparing a brief. 
 
     The brief argues that the amendment violates three constitutional 
principles: equal access to government for all citizens, religious freedom 
from ecclesiastical establishment and the right of minorities to an 
effective voice in public debate. 
 
     Andrews also observed, that "The General Assembly does not speak for 
all Presbyterians, nor are its deliverances and policy statements binding 
on the membership of the Presbyterian Church." 
 
 

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