The sovereignty struggle.

• Author: Savage, David G.
• Position: Trend towards federalism

The coming Supreme Court term will test the principle of federalism again with at least two high-profile cases.

After decades of the Washington-knows-best approach to government, the driving theme on Capitol Hill this year has been federalism. And this renewed respect for the power of the states has not been confined just to the Republican-controlled Congress. On the opposite side of First Street, Northeast, on Capitol Hill, the justices of the Supreme Court have been sounding the same note of late.

The term that begins in October features two high-profile cases that will put the principle of federalism to the test again. One involves a controversial anti-gay rights initiative from Colorado, and the second challenges a state's authority to block high-stakes gambling on Indian reservations. These two cases will be argued in the first days of the new term, but written rulings are not likely to come down until early 1996.

And they are not the only cases that might have a broad impact on the states. The justices also will hear arguments during the fall in cases that test the authority of state prosecutors to seize alcoholic beverages, the obligation of states to pay for law libraries for prison inmates, and, once more, the constitutionality of electoral districts drawn in part to elect black and Hispanic lawmakers. Once again, this term figures to be an important one for state interests.

GAY RIGHTS BACKLASH

In the Colorado case, Governor Roy Romer leads the fight for the state, but he may do so as a reluctant warrior. In 1990, he issued an executive order proclaiming equal opportunity in state government and barring discrimination based on "race, ethnicity, gender, sexual orientation, age, religion or physical or mental disability." Eight other states - California, Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Vermont and Wisconsin - have similar or even broader bans on discrimination against gays and lesbians.

But the gay rights movement has been hit with a backlash in several states in recent years. Conservative groups that vow support for "traditional family values" have sought to roll back what they see as special protections for homosexuals. In 1992, a group that called itself "Colorado for Family Values" put on the state ballot Amendment 2, entitled "No Protected Status Based on Homosexual, Lesbian or Bisexual Orientation."

It says, "Neither the State of Colorado ... nor any of its agencies, political subdivisions...