In the 1968 case Hunter v. Erickson, the U.S. Supreme Court ruled that a city charter amendment in Akron, Ohio was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment. The amendment required any ordinance dealing with racial, religious or ancestral discrimination in housing to be approved by a majority of voters before it could take effect. This placed an extra burden on minorities seeking legislation to protect their rights and made it more difficult for them than for other groups to achieve favorable legislation. The court held that this unequal treatment constituted discrimination and thus violated equal protection principles.

In the dissenting opinion for Hunter v. Erickson, Justice Potter Stewart disagreed with the majority's view that Akron's charter amendment was racially discriminatory. He argued that it did not treat any racial or ethnic group differently from another but simply required a public vote on certain housing ordinances. According to him, this requirement applied equally to all citizens of Akron regardless of their race and therefore could not be considered discriminatory in nature. Furthermore, he contended that there was no evidence presented indicating an intent by those who enacted the amendment to discriminate against minorities or disadvantage them in any way. Thus, he concluded that while requiring a popular vote might make it more difficult for certain types of legislation (including fair housing laws) to pass due to potential prejudice among voters, this does not necessarily equate discrimination under equal protection clause as long as everyone is subjected equally under such process.