Sixth Circuit Court Rejects Issue 3 Review; Six Dissent
Cincinnati, OH February 6, 1998 A majority of judges on the Sixth Circuit Court of Appeals yesterday refused to review an October 23, 1997 decision by a three-judge panel of the court upholding Cincinnati's 1993 anti-gay rights charter ammendment, Issue 3. The court did not reveal the vote count and and made no reference to the Supreme Court decision in Romer vs. Evans. However, six judges issued a dissenting opinion, stating, "Romer was decided on equal protection grounds, which applies to local as well as state governmental action. Therefore, the fact that Issue 3 is a local as opposed to a state measure is of no controlling significance for purposes of the Equal Protection Clause."
Issue 3 opponents and attorneys arguing the appeal were encouraged by the dissenting opinion and by the speed of the Sixth Circuit Court's decision, which allows attorneys time to petition the Supreme Court this year to get the case on the docket for next year. Attorneys have 90 days to file an appeal.
Contact: Lycette Nelson
Stonewall Cincinnati
(513)651-2500
