http://www.aclu.org/court/aba.html
In fact, the proponents of Amendment 2 played upon popular myths equating
gay men with child molesters to fuel their campaign. Their campaign
literature urged voters to say "no to sexual perversion with children --
vote YES! on Amendment 2!" Pla. Tr. Exh. 22 at 2. CFV repeatedly and
spuriously represented that "pedophilia (the sexual molestation of children)
is actually an accepted part of the homosexual community!" and that:
Though only 2% of the population, homosexuals commit between 1/3 and 1/2 of
all recorded child molestations. Homosexual teachers commit as many as 4/5
of all pupil molestations. They are 12 times as likely as heterosexual
teachers to molest children. "Gays" are 18 times more likely to incorporate
children into their sexual practices as heterosexuals.
Pla. Tr. Exh. 22 at 2; Pla. Tr. Exh. 21 at 2. The trial court soundly
rejected these assertions:
If the ... [asserted state] interest relates to protecting children
physically from pedophiles, the testimony of plaintiffs' witness Dr. Carole
Jenny is more persuasive than anything presented by defendants. Dr. Jenny
practices at Denver's Children's Hospital and made a study of persons who
sexually abused children who were brought to that hospital. She indicated
that pedophiles are predominantly heterosexuals, not homosexuals.
Pet. App. C-13. Thus, if the purported state interest in protecting children
has any relevance to this case, it is in exposing the fear- and
prejudice-based appeals used by supporters of Amendment 2 to provoke a
visceral, negative reaction. But "mere negative attitudes," "`private
biases'" and "vague, undifferentiated fears" cannot justify government's
disparate treatment of different groups of citizens. Cleburne, 473 U.S. at
448, 449. To the extent that fearmongering with regard to pedophilia and
other false notions about gay people led to the enactment of Amendment
2--and the history of that measure leaves no doubt that such biased views
played a significant role--that basis for the classification is
constitutionally illegitimate.

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