Lisa Howe, et al. v. Bill Haslam - Concur in Part

I agree with Judge Farmer’s conclusion that the claims arising from HB600’s
reordering of the political process, which strips Appellants of the ability to seek antidiscrimination
protections at the local level, should be dismissed. However, because I find
the United States Supreme Court precedent in Romer v. Evans, 517 U.S. 620 (1996), difficult
to distinguish by reference to the structural barrier it imposes, I write separately. I would
instead distinguish Romer because, unlike the amendment at issue there, the burden HB600
imposes applies equally to any group seeking protected status. Therefore, Appellants have
not suffered a particularized injury sufficient to confer standing.