California Western Law Review


This article argues that while Romer v. Evans marked a victory for gays lesbians and bisexuals, its impact was shortlived. Lower courts have cited Romer v. Evans to uphold laws which discriminate against homosexuals in areas ranging from military service to employment. The argument developed in this article is that discrimination based on sexual orientation is a form of gender discrimination requiring courts to review such laws under intermediate scrutiny. Under this more demanding standard of review, many of the laws lower courts uphold under the rational basis standard would be struck down as a violation of the Equal Protection Clause.