How did Anthony Kennedy’s opinion in Romer v. Evans address discrimination based on sexual orientation?

In the 1996 case Romer v. Evans, Justice Anthony Kennedy authored the majority opinion, which struck down a Colorado constitutional amendment that prohibited laws protecting individuals based on their sexual orientation.

Kennedy’s opinion addressed discrimination by emphasizing that the Equal Protection Clause of the Fourteenth Amendment requires the law to remain neutral regarding the rights of persons. He argued that the amendment was unconstitutional because it excluded gay men and lesbians from the social and political order, effectively cutting off their ability to seek legal or political recourse against discrimination.

By declaring that the Constitution neither knows nor tolerates classes among citizens, Kennedy established that prejudice based on sexual orientation is not a permissible basis for legislation. This ruling was a significant turning point, as it marked the first time the Supreme Court held that discrimination based on sexual orientation violated constitutionally protected rights, setting a vital precedent for future cases like Lawrence v. Texas.12