One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?
89 Ky. L.J. 885-910
Scholarly Commons Citation
Hunter, Nan D., "Proportional Equality: Readings of Romer" (2001). Georgetown Law Faculty Publications and Other Works. Paper 1725.