Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati

Background

The dispute centers on a Cincinnati Charter Amendment that instructs city departments and agencies not to afford special protection to homosexuals. A lower court had issued a judgment in the case, which prompted review. The Court granted review, vacated that judgment, and directed the case be reconsidered in light of a prior decision called Romer v. Evans.

Reasoning

The central question was whether the Romer decision should guide how the lower court evaluates the Cincinnati amendment. The Supreme Court did not resolve the merits here. Instead, it sent the case back to the lower court for further consideration under Romer, vacating the earlier judgment so the lower court can re-evaluate the local rule about protections for homosexuals in light of that precedent.

Real world impact

The immediate effect is procedural: the lower court must re-examine the Cincinnati amendment under the standard of Romer, so the issue of whether the amendment is lawful remains unresolved. City officials, city employees, and gay residents are directly affected because local rules about special protections remain uncertain until the lower court finishes reconsideration. This decision is not a final ruling on the amendment’s legality and could change after the lower court acts.

Dissents or concurrances

Justice Scalia, joined by the Chief Justice and Justice Thomas, dissented from the decision to remand. He argued Romer addressed a statewide measure and that treating its reach as blocking a local electorate’s choice not to grant special protection to homosexuals is unacceptable; he would have denied review or scheduled full argument.