The unanimous ruling of a four-member panel was a victory for the Equal Rights Not Special Rights campaign, a conservative group opposed to Issue 3 on the ballot next Tuesday.

Issue 3 would repeal Article XII from the city's charter - a move proponents say would make Cincinnati more tolerant by allowing City Council to protect gays and lesbians from discrimination.

Overwhelmingly adopted in 1993 after a campaign by the same conservative group, Article XII overturned a 1992 gay rights ordinance and prohibits City Council from legislating in the area of gay rights.

A Northside voter, Deborah Calardo-Arapa, filed the complaint and argued that Issue 3 had nothing to do with marriage, and that opponents were trying to confuse voters.

The commission found the slogan was a constitutionally protected opinion.

"It is absolutely about marriage," said David R. Langdon, an attorney for the Equal Rights Not Special Rights Committee. "If Issue 3 passes, all of the sudden City Council is free to do what many other city councils have done, which is to extend domestic-partner benefits to their employees."

Or, he said, City Council could create a San Francisco-style domestic-partner registry, allowing gay couples to be recognized in what would amount to a civil union.

Donald J. McTigue, the Columbus lawyer representing Calardo-Arapa, said the opposition's arguments were mostly "red herrings."

"The panel felt it was a statement of opinion," he said. "So here's our opinion: This has nothing to do with marriage."

E-mail gkorte@enquirer.com