Rutledge v. Gaylord's, Inc.

I dissent because in my opinion this Act passes constitutional muster both state and federal.

1. The majority opinion recites the vital portions of the Act and in one majestic swoop concludes that it "is as patently discriminatory as the Act of 1967 (Ga. L. 1967, p. 479 et seq.) which was held unconstitutional in Hughes v. Reynolds, 223 Ga. 727 (157 SE2d 746).”

*702In my opinion we should take a more positive approach to the legislation and measure its constitutional status in the light of more than one previous opinion of this court.

It is axiomatic that in construing the constitutionality of an…