Cincinnati Law Nullifying Aid for Gays Halted

A judge on Tuesday blocked a voter-approved city charter amendment that would have removed anti-discrimination protection for homosexuals.

“Now the gay, lesbian and bisexual citizens won’t have to spend any time on the outside looking in,” said Alphonse Gerhardstein, a lawyer for those who sued to stop the amendment. “They will be able to fully participate in the democratic process.”

U.S. District Judge S. Arthur Spiegel ruled that the amendment infringes on homosexuals’ rights to petition the city for legislation. His ruling prevents the amendment from taking effect until further court action.

But supporters of the amendment also argued that democracy was on their side. They had urged Spiegel not to reverse the will of the voters, who passed the amendment by a margin of 62% to 38%.

“Today was a sad day for democracy--not only in Cincinnati, but America,” said Robert Skolrood, lawyer for the coalition Equal Rights, Not Special Rights.

The amendment would nullify the sexual-orientation provision in the city’s year-old human rights ordinance. The ordinance, which passed in a 7-2 vote by the City Council, prohibits discrimination in housing, employment and public accommodations on the basis of race, gender, age, religion, disability, marital status, Appalachian origin or sexual orientation.

The amendment also would prevent the city or its agencies from enacting any law based on sexual orientation.

Gerhardstein said that would have violated homosexuals’ rights of equal protection and free speech by prohibiting them from lobbying the City Council for legislation.