Ten Years After Amendment Two: Colorado
Voter Attitudes on Gay Rights
1992-2002
Presentation
Floyd Ciruli
American Association of Public Opinion Research
May 2004
Phoenix, Arizona
Ciruli Associates  1490 Lafayette St. #208 Denver, CO 80218  PH (303) 399-3173  FAX (303) 399-3147  www.ciruli.com
Slide 2
Background
Colorado voters approved Amendment 2 by 53 percent to 47 percent
on November 3, 1992.

The constitutional amendment banned the state of Colorado or any division
of local government from adopting or enforcing policies to protect the rights
of homosexuals, lesbians or bisexuals. It reversed local anti-discrimination
ordinances in Aspen, Boulder and Denver.

July 19, 1993, Colorado Supreme Court affirmed a grant of preliminary
injunction against amendment.

December 14, 1993, Judge H. Jeffrey Bayless granted permanent
injunction.

Evans vs. Romer, Colorado Supreme Court affirmed trial court’s decision
(1994)

May 20, 1996, U.S. Supreme Court struck down (6 − 3) Amendment 2 as
unconstitutional.
“A state cannot so deem a class of persons
a stranger to its laws,” Justice Anthony Kennedy
Romer vs. Evans, 116 S. Ct. 1620 (1996)
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Slide 3
The Ballot Language
Amendment 2
Shall there be an amendment to Article II of the Colorado
Constitution to prohibit the State of Colorado and any of its
political subdivisions from adopting or enforcing any law or
policy which provides that homosexual, lesbian, or bisexual
orientation, conduct, or relationships constitutes or entitles a
person to claim any minority or protected status, quota
preferences, or discrimination?
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Slide 4
Statewide Anti-gay Initiatives
State/Year
1
1
1
1
2
Sponsor
Election Results
Colorado/1992
Idaho/1994
Maine/1995
Oregon/1994
Colorado for Family Values
Idaho Citizens Alliance
Concerned Maine Families
Oregon Citizens Alliance
53%
49%
47%
44%
Oregon/1992
Oregon Citizens Alliance
43%
Direct Democracy and Gay Rights Initiatives
After Romer, in The Politics of Gay Rights, 2000
1) Repeal
existing local protections/prevent future protections
2) Adopt new restrictions on gay rights
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Slide 5
Recent Colorado Political History
1986
1988
Roy Romer elected governor (Democrat)
Tim Wirth elected senator (Democrat)
Tax limitation amendment defeated
1990
Romer re-elected
Term limits approved
Tax limitation defeated
1992
Clinton won state
Ben Nighthorse Campbell elected senator (Democrat)
Tax limits and gay rights limits approved
Vouchers defeated
1994
Romer re-elected
1996
Dole won state
Wayne Allard elected senator (Republican)
1998
Bill Owens elected governor (Republican)
2000
Bush won state
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Amendment 2 Election Results
and Follow-up Poll
Election Day
Nov. 1992
Slide 6
Follow-up Poll
Feb. 1993
53%
47%
48%
44%
8%
Yes
No
Don't know
Question: If you could vote today on Amendment 2, how would you vote, “yes” or “no”?
Ciruli Associates, N426, 1993
6
www.ciruli.com
Slide 7
Data Sources
Statewide public opinion research with Colorado voters.

1993 post-election survey
–


February 1993 statewide survey of 426 registered voters (±4.3 percentage
points). Election data from November 1992 general election.
2002 baseline survey
–
September-December 2002 telephone survey conducted for Gill Foundation
–
Computer generated random stratified sample of 900 adult Colorado
residents who are registered voters (±3.3 percentage points)
2003 follow-up survey
–
August 2003 statewide survey of 600 registered voters (±3.8 percentage
points) conducted for Ciruli Associates
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Slide 8
Findings
Colorado voters passed Amendment 2 despite progressive
views on gay rights and a moderate political culture

Colorado voters favor gay legal rights in 1993, 2002 and 2003

Colorado voter support for legal rights equals or exceeds national
opinion

Colorado voters have less moral reservations concerning gay
sexual relations than national opinion
Colorado voters are more hospitable toward gay rights in 2002
than 1993, a trend similar to national opinion

Colorado voters state they would not pass a new gay rights limit in
2002

Like national opinion, Colorado voters do not support gay marriage;
support for legal rights declined from 2002 to 2003
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Colorado Voters and Legality
of Homosexual Relations
Slide 9
Colorado Voters
1993-2002
86%
71%
12%
Legal
9%
Illegal
1993
12%
5%
Don' t know
2002
Question: Do you believe homosexual relations between two consenting adults
in the privacy of their own home should be legal or illegal?
Ciruli Associates, N900, 2002
Ciruli Associates, N426, 1993
9
www.ciruli.com
Slide 10
National Polls and Legality of
Homosexual Relations
National Surveys
1992-2002
Gallup
1992
Gallup
2002
48%
44
8
52%
43
5
Legal
Not legal
Don’t know
Question: Do you think homosexual relations between two
consenting adults should or should not be legal?
Gallup, N1002, 1992
Gallup, 2002
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Slide 11
Colorado Voters and Morality
of Homosexual Relations
Colorado Voters
1993-2002
1993
2002
Always morally wrong
50%
36%
Almost always morally wrong
Sometimes morally wrong
Not morally wrong at all
Don’t know
4
5
28
13
6
9
41
9
Question: Do you believe sexual relations between two consenting adults
of the same sex is:
Ciruli Associates, N600, 2003
Ciruli Associates, N900, 2002
11
www.ciruli.com
Slide 12
National Polls and Morality
of Homosexual Behavior
National Surveys
1993-2002
NORC-GSS
1993
NORC-GSS
2002
Always wrong
66%
53%
Almost always wrong
Sometimes wrong
Not wrong at all
4
7
22
5
7
32
Question: What about sexual relations between two
adults of the same sex…do you think it is:
NORC-GSS, N1606, 1993
NORC-GSS, N2832, 2002
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Slide 13
Support and Opposition
for Anti-Gay Rights Ballot Initiative
Anti-Gay Rights Initiative
Colorado Voters Here in 1992
Anti-Gay Rights Initiative
New Voters Since 1992
Don't Know
5%
Other
7%
Don't Know
8%
Other
9%
Support
34%
Support
35%
Oppose
54%
Question:
Oppose
48%
Ignoring any constitutional issues, if a similar
proposal was on the ballot today, that is, an
initiative that would ban Colorado’s local or
state governments from enacting statutes or
ordinances that protected gay rights, would
you vote in favor or against?
Question:
As I mentioned, in 1992 residents voted on a ballot issue
in Colorado that prevented cities, towns and the state from
enacting civil rights protections based on homosexuality.
It was referred to as Amendment 2. Ignoring any constitutional
issues, if such a ban on gay civil rights protections was on the
ballot today, would you support or oppose the ban?
Ciruli Associates N212, 2002
Ciruli Associates N688, 2002
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www.ciruli.com
Amendment 2 Demographic
Comparison—1993-2002
Slide 14
If You Could Vote Today on Amendment 2
1993
Support Oppose
2002
Support
Oppose
Difference in
Support
Total
48%
44%
34%
54%
Men
55
39
37
53
18
Women
43
48
32
56
11
Democrat
30
60
27
64
3
Republican
63
31
41
46
22
Unaffiliated
50
42
33
52
17
High school or less
57
37
33
54
24
College grad
44
48
31
57
13
N426, Feb. 1993
(14%)
N688, Dec. 2002
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Slide 15
The Ads—Special Rights
Pro Amendment 2 advertisement
Voice 1: Boy, this is going to be a crazy
election.
Voice 2: Yeah, what about this
Amendment 2? I don’t have anything
against homosexuals, but how am I
supposed to vote?
Voice 1: I’m voting yes on Amendment 2.
A yes on Amendment 2 makes good sense
for Colorado.
Yes…we want to protect our children.
Yes…we want to protect our churches and
businesses.
Yes…we want to protect our freedom of
speech.
And, yes…we want to protect civil rights by
not confusing legitimate minorities with
sexual practices.
That’s why yes on Amendment 2 makes
good sense for Colorado. Homosexuals
enjoy the same rights as other law-abiding
citizens…but they’ve been writing “special”
rights into our laws…and that’s not fair!
Yes on Amendment 2 allows homosexuals
to have equal rights, but not special rights.
Voice 2: OK, I think I’ve got it.
Homosexuals have equal rights; they want
special rights. That’s not fair. I’m voting
yes on Amendment 2.
Colorado for Family Values
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www.ciruli.com
Special Rights or Equal Rights?
Do Gays and Lesbians Have
or Not Have Equal Rights?
Do Gays and Lesbians Want
Special Rights or Equal Rights?
Don't Know
6%
Seeking
Equal Rights
51%
Question:
Slide 16
Don't Know
9%
Seeking
Special
Rights
43%
Have
Equal Rights
53%
Don't Have
Equal Rights
37%
Question:
In general, do you think gays and lesbians
are seeking special rights or are they seeking
equal rights compared to other citizens?
In general, do gays and lesbians have equal rights
or not have equal rights in Colorado today?
Ciruli Associates N900, 2002
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www.ciruli.com
Religious Attitudes and Behavior
and Special or Equal Rights
Special rights
Slide 17
Equal rights
Church more than once a week
Born again
Literal word of God (Bible)
Mormon
Church once a week
Religion very important
Protestant
Christian
Not literal word of God (Bible)
Catholic
69%
64
63
52
52
50
49
47
45
44
23%
30
30
35
42
43
46
47
51
52
Colorado average
43%
51%
Not born again
Religion fairly important
Religion not very important
Few times a year church
Never attend church
Written by men (Bible)
42
35
34
33
28
27
53
61
60
63
68
68
Ciruli Associates, N900, 2002
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www.ciruli.com
Slide 18
Why It Passed
1) Moral ambivalence
2) Framed as special vs. equal rights
3) Exceedingly angry year (500,000 more votes than 1990)
Perot voters send a message. Middle and working class
Democrats in anti-tax, anti-establishment revolt
4) New conservative power centers and growing grassroots
movement; anti-tax, non-government schools. Strong underradar campaign
5) Liberal/moderate power structure distracted
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Slide 19
Hierarchy of Protection
of Specific Gay and Lesbian Civil Rights
Legal protection for:
Somewhat
Support
Strongly
Support
Somewhat
Oppose
Anti-housing discrimination
50%
25%
Anti-job discrimination
49%
27%
Benefits for partners
37%
Serve openly in military
37%
Partnerships
29%
Adopt children
28%
Marriage
25%
24%
21%
12%
10%
13%
8%
12%
22%
10%
9%
22%
9%
11%
27%
25%
Strongly
Oppose
20%
31%
32%
41%
Question: Next, I’d like to focus on what, if any, civil rights should apply to gay and lesbian citizens.
As I read the following list, please tell me if you strongly support, somewhat support,
somewhat oppose or strongly oppose the following rights for gays and lesbians.
Ciruli Associates N900, 2002
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www.ciruli.com
Slide 20
Same-Sex Relations and Gay Marriage—
Legal or Not Legal?
Colorado
Voters
2003
Same-sex relations
Same-sex marriage
58%
56%
33%
26%
15%
11%
Legal
Not legal
Legally
recognize
Don't know
Not legally
recognize
Don't know
Colorado voters
Question: In general, do you think sexual relations between two consenting adults of the same
sex should be legal or not legal?
Question: Do you believe the state of Colorado should or should not legally recognize gay and
lesbian marriage, that is marriage between adults of the same sex?
Ciruli Associates, N600, Aug. 2003
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www.ciruli.com