Will Minn. marriage amendment ballot title remain deceptive?
Alliance Defending Freedom attorney available to media following oral argument at Minn. Supreme Court
Monday, Jul 30, 2012
WHO: Alliance Defending Freedom Senior Counsel Jordan Lorence
WHAT: Available for media interviews following oral argument in Limmer v. Ritchie
WHEN: Tuesday, July 31, immediately following hearing, which begins at 9 a.m. CDT
WHERE: Minnesota Supreme Court, Minnesota Judicial Center; 25 Rev. Dr. Martin Luther King, Jr. Blvd.; St. Paul
ST. PAUL, Minn. — Alliance Defending Freedom Senior Counsel Jordan Lorence will be available for media interviews following his oral argument before the Minnesota Supreme Court Tuesday disputing the ballot title Secretary of State Mark Ritchie assigned to the Minnesota marriage amendment.
Although the Minnesota Legislature wrote the ballot title for the amendment, as the state constitution empowers it to do, Ritchie and Attorney General Lori Swanson usurped that authority by replacing the Legislature’s title with a misleading title they prefer. Lorence and attorneys from ActRight Legal Foundation represent numerous state legislators and the committee supporting passage of the amendment.
“Minnesotans deserve to have free and fair elections, and they deserve to know exactly what they are voting for,” said Lorence, who is lead counsel. “Because the Legislature wrote a ballot title for the marriage amendment, neither the secretary of state, nor the attorney general, has any authority to replace or modify that title--especially not with one that inaccurately describes the effect of the amendment. Voters have the right to know that the amendment is designed to protect the ‘recognition of marriage solely between one man and one woman.’ The court should restore the language developed by the Legislature.”
Ritchie changed the ballot title to describe the intention of the amendment as “limiting the status of marriage to opposite sex couples,” saying that it is consistent with Swanson’s chosen statement of purpose and effect.
“Consistency with the Executive branch’s statement of the amendment is immaterial to the question of whether the title appropriately describes the Marriage Amendment…,” the latest reply brief filed in the case argues. “[T]he secretary’s proposed title is misleading because it states that the Marriage Amendment would ‘limit’ marriage in Minnesota…. [T]he marriage amendment seeks to synchronize the Minnesota Constitution with Minnesota statutes and the common understanding of marriage in Minnesota. The Secretary’s title involves carefully chosen words aimed at ‘tilting the playing field….’”
“Even small changes in the wording of ballot measures and titles can have a dramatic effect on the election results…,” the brief continues. “So, not only have Respondents acted without any authority by defying the will of the Legislature and submitting their own ballot title, the substitute title is not appropriate.”
WHAT: Available for media interviews following oral argument in Limmer v. Ritchie
WHEN: Tuesday, July 31, immediately following hearing, which begins at 9 a.m. CDT
WHERE: Minnesota Supreme Court, Minnesota Judicial Center; 25 Rev. Dr. Martin Luther King, Jr. Blvd.; St. Paul
ST. PAUL, Minn. — Alliance Defending Freedom Senior Counsel Jordan Lorence will be available for media interviews following his oral argument before the Minnesota Supreme Court Tuesday disputing the ballot title Secretary of State Mark Ritchie assigned to the Minnesota marriage amendment.
Although the Minnesota Legislature wrote the ballot title for the amendment, as the state constitution empowers it to do, Ritchie and Attorney General Lori Swanson usurped that authority by replacing the Legislature’s title with a misleading title they prefer. Lorence and attorneys from ActRight Legal Foundation represent numerous state legislators and the committee supporting passage of the amendment.
“Minnesotans deserve to have free and fair elections, and they deserve to know exactly what they are voting for,” said Lorence, who is lead counsel. “Because the Legislature wrote a ballot title for the marriage amendment, neither the secretary of state, nor the attorney general, has any authority to replace or modify that title--especially not with one that inaccurately describes the effect of the amendment. Voters have the right to know that the amendment is designed to protect the ‘recognition of marriage solely between one man and one woman.’ The court should restore the language developed by the Legislature.”
Ritchie changed the ballot title to describe the intention of the amendment as “limiting the status of marriage to opposite sex couples,” saying that it is consistent with Swanson’s chosen statement of purpose and effect.
“Consistency with the Executive branch’s statement of the amendment is immaterial to the question of whether the title appropriately describes the Marriage Amendment…,” the latest reply brief filed in the case argues. “[T]he secretary’s proposed title is misleading because it states that the Marriage Amendment would ‘limit’ marriage in Minnesota…. [T]he marriage amendment seeks to synchronize the Minnesota Constitution with Minnesota statutes and the common understanding of marriage in Minnesota. The Secretary’s title involves carefully chosen words aimed at ‘tilting the playing field….’”
“Even small changes in the wording of ballot measures and titles can have a dramatic effect on the election results…,” the brief continues. “So, not only have Respondents acted without any authority by defying the will of the Legislature and submitting their own ballot title, the substitute title is not appropriate.”
- Fact sheet on the case
- Pronunciation guide: Lorence (LOHR’-ents)
Alliance Defending Freedom (formerly Alliance Defense Fund) is an alliance-building legal ministry that advocates for the right of people to freely live out their faith.
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