In the case of Gordon et al. v. Lance et al., 1970, the Supreme Court ruled on a West Virginia law that required at least 60% voter approval for any bond issues or tax increases beyond a certain limit. The plaintiffs argued this was unconstitutional as it violated their right to equal protection under the Fourteenth Amendment by giving disproportionate weight to those who voted against such measures compared to those in favor. However, the court upheld the law with a 6-3 decision, stating that there is no constitutional requirement for absolute equality in voting power and thus states have some discretion in determining how decisions are made about public debt and taxation matters.

In the dissenting opinion for Gordon et al. v. Lance et al., Justice Brennan, joined by Justices Douglas and Marshall, argued that the majority's decision was a departure from established precedent regarding state constitutional amendments. They contended that West Virginia's requirement of a 60% supermajority to amend local tax provisions did not violate the Equal Protection Clause of the Fourteenth Amendment as it applied equally to all citizens in their capacity as voters. The dissenters believed this case should have been viewed through the lens of Reynolds v Sims which upheld "one person, one vote" principle rather than applying strict scrutiny typically reserved for cases involving fundamental rights or suspect classifications. They also expressed concern about potential implications on other states with similar requirements for amending certain parts of their constitutions.