DEFINING QUEER: LESBIAN AND GAY VISIBILITY IN THE COURTROOM

Abstract

On May 20, 1996, the United States Supreme Court decided Romer v. Evans, a landmark decision supporting gay and lesbian rights. The opinion struck down an amendment to the Colorado State Constitution, which prohibited state protection of lesbians and gay men. Although hailed as "undoubtedly the gay rights movement's most important legal victory, Romer lacked real political and social analysis. Its legalistic approach said little about the context of the decision and even less about the initiative's victims, the gay men and lesbians of Colorado. In fact, some authors have suggested that Romer is "missing pages," which create a "gap'' in its reasoning unless filled in by the political and social context of gay and lesbian experience.