Evans v. Romer

I respectfully dissent. This is an appeal of a district court order granting a preliminary injunction that prohibits the Governor and the Attorney General from enforcing a voter-initiated amendment to the Colorado Constitution (“Amendment 2”).1 The issue before us is whether the district court for the City and County of Denver properly concluded that the appellees met the requirements set forth in Rathke v. MacFarlane, 648 P.2d 648 (Colo.1982), and C.R.C.P. 65, for the issuance of a preliminary injunction. Because we are reviewing the district court’s underlying legal premise for the…