Gordon v. Lance

West Virginia's constitutional and statutory requirement that political subdivisions may not incur bonded indebtedness or increase tax rates beyond those established by the State Constitution without the approval of 60% of the voters in a referendum election does not discriminate against or authorize discrimination against any identifiable class and does not violate the Equal Protection Clause or any other provision of the United States Constitution. Gray v. Sanders, 372 U.S. 368, and Cipriano v. City of Houma, 395 U.S. 701, distinguished. Pp. 4-8.

153 W. Va. 559, 170 S.E. 2d 783, reversed.

BURGER, C.J., delivered the opinion of the Court, in which BLACK, DOUGLAS, STEWART, WHITE, and BLACKMUN, JJ., joined. HARLAN, J., filed a statement concurring in the result, post, p. 8. BRENNAN and MARSHALL, JJ., filed a dissenting statement, post, p. 8.

George M. Scott argued the cause and filed briefs for petitioners.

Charles C. Wise, Jr., argued the cause for respondents. With him on the brief was J. Henry Francis, Jr.

Briefs of amici curiae urging reversal were filed by Slade Gorton, Attorney General of Washington, and Philip H. Austin, Assistant Attorney General, for the State of Washington et al.; by Thomas M. O'Connor for the City and County of San Francisco; by Francis R. Kirkham and Francis M. Marshall for the California Taxpayers' Association; and by George E. Svoboda for Hayes Smith.

Briefs of amici curiae urging affirmance were filed by James R. Ellis for Seattle School District No. 1; by Stephen J. Pollak, William H. Dempsey, Jr., Ralph J. Moore, Jr., and Robert H. Chamin for the National Education Association et al.; by August W. Steinhilber and Robert G. Dixon, Jr., for the National School Boards Association; by David R. Hardy and Robert E. Northrup for the Missouri State Teachers Association; by William B. Beebe, Hershel Shanks, and Allan I. Mendelsohn for the American Association of School Administrators et al.; by Melvin L. Wulf for the American Civil Liberties Union et al.; and by Paul W. Preisler for the Committee for the Equal Weighting of Votes.

Briefs of amici curiae were filed by John W. Witt and Joseph Kase, Jr., for the City of San Diego et al., and by ''Chas. Chaflin Allen, pro se.''