Colorado Supreme Court...

...has upheld Judge H. Jeffery Bayless' injunction barring Amendment
2 from taking affect.  This is according to KCNC Denver news
reporting at 9:00AM today.

The 6-1 decision apparently went much further than simply upholding
the lower court's injunction -- it also kept intact Bayless' decision
that the state must prove "compelling governmental interest" in
allowing Amendment 2 to become part of the Colorado Constitution.
The court ruled that Amendment 2 severely restricts the constitutionally
guarenteed rights of a group of people, in this case lesbians and
gays, and that Amendent 2 must pass the "strict scrutiny" of the
U.S. Constitution.

Conventional wisdom is that the State Attorney General will _not_
appeal this decision to the U.S. Supreme Court.  Many think that
the state has fulfilled its obligation to the voters by appealing
Bayless' injunction to the Colorado Supreme Court and need go no
further.  The state may not wish to undergo the expense and time
necessary to appeal the injunction ruling to the U.S. Supreme Court.
Also, with the trial on the constitutional merits of Amendment 2
scheduled to go before Judge Bayless on October 12th, it is unlikely
that the U.S. Supreme Court would rule before the outcome of that
trial.

According to a KCNC legal reporter, this ruling makes it highly
probable that Bayless will rule that Amendment 2 is unconstitutional,
and that the Colorado Supreme Court will uphold this decision.

Hopefully, someone will get ahold of the text of the Colo. Supreme Court
decision and post it -- I know I'd like to read it.

                                            Kevin

Kevin Malloy  kpm@dr.att.com                      DoD #106  1991 BMW K75RT
633 E. 11th Ave.      __
Denver, CO  80203     \/   With Liberty and Justice for all, NO EXCEPTIONS
(303) 830-2937                                                    Un-Do #2