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Florida Supreme Court Issues Opinion On Exclusion of Ballot Issues

By Howard M. Friedman

As previously reported, earlier this month the Florida Supreme Court enjoined state officials from including on the November ballot two proposed state constitutional amendments-- one that would have eliminated Florida's Blaine Amendment and assured equal participation in public programs by religious organizations, the other that would have reversed the state's ban on school vouchers. Yesterday the court released its opinion explaining its order. In Ford v. Browning, (FL Sup. Ct., Sept. 15, 2008), the court held that the language of Art. XI, Sec. 6 of the Florida constitution granting the Taxation and Budget Reform Commission the power to propose constitutional amendments "dealing with taxation or the state budgetary process" is not broad enough to authorize the two amendments at issue. The court held:

TBRC?s jurisdiction to propose constitutional amendments does not extend to a subject solely because the State will expend funds on that subject or because it could affect the State?s expenditures. TBRC?s authority to propose constitutional amendments directly to the voters is constitutionally limited to two scenarios: if the proposal addresses taxation or the process by which the State?s budget is procedurally composed and considered by the Legislature.

[Thanks to Melissa Rogers for the lead.]

Full post as published by Religion Clause on September 16, 2008 (boomark / email).