A 1992 court battle in Colorado over anti-gay discrimination offers hope for how the California Supreme Court might handle the case.
“Following the enactment of Colorado’s Amendment 2, its opponents filed suit claiming that it unlawfully singled out gays and lesbians as a class to deny them rights that other citizens not only possess but take for granted. These rights include access to housing, government services, public accommodations and public and private employment opportunities without regard to an individual’s race, sex, religion, age, ancestry, political belief or other characteristic that defines each of us as a unique human being. Amendment 2, the opponents argued, therefore denied gays and lesbians the equal protection of the laws, which is a guarantee of the 14th Amendment to the U.S. Constitution. To the surprise of many, the U.S. Supreme Court agreed.”