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August 24, 2004


Amendment Banning Same-Sex Marriage Will Appear on Sept. 18 Ballot, First Circuit Rules

Yesterday the First Circuit affirmed dismissal of a suit seeking to prevent a proposed constitutional amendment from appearing on the ballot for the September 18 primary election. The amendment would define marriage as the union of one man and one woman. In response to the plaintiffs' suit, Secretary of State Fox McKeithen pled an exception of prematurity, arguing that the Election Code permits a challenge to a proposed constitutional amendment only within 10 days after the election has occurred. Since the election hasn't occurred yet, plaintiffs' suit is premature, McKeithen argued. The trial court agreed with McKeithen, maintained the exception, and dismissed the suit. The First Circuit affirmed, finding "no provision in the Election Code for a pre-election challenge to the placement of a proposed constitutional amendment on a ballot."

(For Naked Ownership's prior report on this case, click here.)

Posted by RPW at August 24, 2004 12:46 PM
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