City of Atlanta v. McKinney

I agree with the majority’s decision that the registry ordinance and the anti-discrimination ordinance are valid exercises of the authority of the municipality. Majority at (1) and (3). However, I would hold that the benefits ordinance is also valid under the Home Rule Act.

The power granted municipalities by the Home Rule Act does “not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.” OCGA § 36-35-6 (b). However, the benefits ordinance under…