*1 hi.
CONCLUSION. affirm the
We Commission’s order. appeal
We award costs on to ISIF.
McDEVITT, SILAK, C.J., BISTLINE and JUDD,
JJ., J., Tem., Pro concur. UNION,
AMERICAN CIVIL LIBERTIES CHAPTER;
IDAHO Idaho for Human Inc.,
Dignity, non-profit an Idaho cor
poration; Bergquist, Brian an J.
elector; Brandt, Elizabeth Barker elector; Smith, Mary-Evelyn elector, Petitioners,
an Idaho
v. ECHOHAWK,
Larry Idaho;
the State of and Pete Cenarru
sa, Secretary of State of the State
Idaho, Respondents. COMMITTEE,
STOP SPECIAL RIGHTS
Kelly Walton, elector; A. an Idaho Ellen Stark, elector, Petitioners,
J. an Idaho
Larry ECHOHAWK, Attorney Idaho; and Pete Cenarru
sa, Secretary of State of the State of
Idaho, Respondents.
Nos. 20618.
Supreme Court of
Boise, June 1993 Term.
Aug. Patterson, Boise,
George C. petition- ers. Walton,
Kelly Heyburn, petitioner Stop Special Rights Committee. EchoHawk, Gen., Larry Atty. and Fran- Walker, Gen., Boise, Deputy Atty. cis P. *2 person respondents. Francis P. Walkеr ar- who is dissatisfied the ballot for provided by the short title gued. measure, may attorney general for McDEVITT, Chief Justice. general’s] attorney from deci- appeal [the by Supreme petition,
sion Court BACKGROUND setting praying for a different title and why prepared forth the reason the title (“ICA”) is The Idaho Citizens Alliancе attorney general insufficient enough spearheading an effort obtain Supreme shall unfair.... Said Court get regarding an initiative signatures to measure, thereupon said hear examine homosexuality on treatment of state law in thereon cer- argument, and its decision the ballot. The ICA submitted secretаry of state a ballot title tify to the Idaho Gen- initiative in and a short title for the measure ac- Office, and the eral’s of this section. The cord with intent legal conducting non-binding review after secretary print shall on the offi- of state initiative, crafted of the substance of the certified to him. cial ballоt the title thus proposed initia- long and titles for the short pursuant peti- 34-1809. The tive I.C. § Attorney General was directed to The tioners, Rights Stop Special Committee provide and titles for the follow- short (“SSRC”) and the American Civil Liberties initiative”): (the ing proposed law “ICA (“AGLU”), petition this Court from Union titles, claiming those 67, CHAPTER TITLE PROPOSED provide proper did not titles. 80, IDAHO CODE
ANALYSIS OF ACT. Section 67-8001: PURPOSE provision[s] Chapter 80 of Title directed, by by the the Idaho Code are enacted draft short and titles recogni- in people the State of Idaho portion of I.C. initiatives. The relevant form homosexuality shall not tion that provides: 34-1809 minority granting the basis for printed usеd and shall be Said ballot chapter promulgated status. This petition when of the on the covers provisions of Article of the furtherance print- circulation; title shall be the short 24 of the Section Constitution of (20) twenty type not less than ed State Idaho. petitions of all such points on the covers RIGHTS ti- Section 67-8002: SPECIAL signatures. The ballot circulated IN (1) WHO ENGAGE FOR PERSONS contain: Distinctive tle shall PROHIB- (20) BEHAVIOR exceeding twenty words HOMOSEXUAL in not politi- agency, department, No re- ITED. the measure which Idaho shall of the cal subdivision State spoken and which shall ferred to or rule, policy, or adopt any enact or margin signa- of each in the foot printed purpose has or ef- (2) which general agreement petition. ture sheet of per- minority granting status two fect of in not more than expressing engage in homosexual behav- who sons hundred words behavior; ior, solely of such on the basis print- shall be The ballot title measure. action, therеfore, quota pref- affirmative on of the measure ed with the numbers erences, such special classifications making such ballot the official ballot. desig- or similar “sexual orientation” shall to the attorney general title the on shall not be established nations ability give a true best of his her] [or per- private homosexuality. All basis of purpose of the impartial statement equal protec- guaranteed shall be that the sons language such and in measure exer- free law in the full and intentionally tion shall not be ballot title guaran- rights of all enumerated prejudice cise likely to creatе argument or Constitution, the Consti- U.S. Any teed the measure. against either for or tution of the federal subdivision the State of Idaho shall All existing rights and state law. civil generally pri- forbid the consideration of color, race, on protections religion, based factors, as non-job vate sexual behaviors gеnder, age, origin or national are reaf- provided compliance with the Title *3 firmed, public and services shall be avail- maintained, Chapter Idaho Code is persons equal able to all on an basis. disrupt and such do that factors not place. work Section 67-8003: EXTENSION OF LE- GAL INSTITUTION OF Section 67-8007: MARRIAGE SEVERABILITY. INTEND, any part TO PEOPLE that if DOMESTIC PARTNERSHIPS unсonstitutional, BASED ON HOMOSEXUAL enactment be found BEHAV- n remaining parts in IOR PROHIBITED. Same-sex mar- shall full survive riages partnerships and domestic force effect. are and This section shall be in hereby against public poli- parts self-executing. declared be all cy recognized and shall be legally not in (Emphasis original.) in any manner an agency, department, provided the fol- political or subdivision of the State of lowing short title and title for the ICA Idaho. initiative: Section 67-8004: PUBLIC SCHOOLS. employee, representative, agent No or SHORT TITLE any public elementary secondary An establishing policies regard- act state shall, in school сonnection with school ing homosexuality. activities, sanction, promote, or endorse homosexuality approved a healthy, as TITLE LONG acceptable Subject pro- behavior.
visions federal discussion of relating homosexuality Initiative and homosexuality within such schools shall authority the state’s to afford homosexu- age-appropriate and defined autho- minority status; enacting als chap- a new rized the local school board trust- ter, chap. pro- Idaho Code: Counseling public ees. school stu- viding no agency, department that state regarding dents such students’ sexual pоlitical shall grant subdivision minori- identity shall conform in foregoing. ty persons status who in engage ho- behavior; providing mosexual same- that Section 67-8005: EXPENDITURE OF marriages sex partnerships domestic No agency, depart- PUBLIC FUNDS. legally recognized; shall providing not political ment or subdivision elementary secondary thаt school ed- expend public of Idaho shall funds in a homosexuality ucators shall not discuss manner that has the or effect of behavior; acceptable providing that no promoting, making acceptable, or ex- expended state funds shall be in man- a pressing approval of homоsexuality. ner has the accepting that effect of prohibit govern- This section shall not approving homosexuality; limiting to ment from providing positive guidance library adults access to materials which persons experiencing difficulty toward homosexuality; providing address that identity. with sexual This section shаll private practices may sexual be consid- not limit availability public in li- non-job public employ- ered in factors braries of books and materials written ment; providing severability for adults which homosexuality, address clause. provided such access to materials is limit- ed to adults and meets locаl standards as The ACLU attacks the short as be- through library established the normal ing “insufficient” in- and “unfair.” As to process.
review
sufficiency,
contends that the
Section 67-8006:
EMPLOYMENT FAC-
insufficient “because nowhere in the
regard
With
public employ- posed
TORS.
in
initiative and nowhere
the Idaho
ees,
agency, department
pоlitical
no
‘homosexuality’
Code
term
is the
defined.”
grant
definitions in
ute does
The ACLU cites
Webster’s
not
Dictionary, points
power
duty
New World
to correct
problems
Third
actual homosexual con-
writing
distinction between
initiative
the titles.
feelings,
generally
ar-
duct and mere
“homosexuality” is
gues
the term
History
A. of I.C.
34-1809.
§
vаgue and over-inclusive. As to unfair-
Legislature
The Idaho State
enacted I.C.
ness, the
contends that
the ICA
ACLU
210, 9,
34-1809 in 1933. Ch.
1933 Ida-
is unfair in that
initiative
recites
ho Session Laws
437-38.
al-
policy
it “establishes” a
when Idaho
apply
first
This Court was
asked to
policy
has a
as set forth
ready
provisions
34-1809 in
Girard
Const,
(“All
men are
nature
art.
*4
430,
Miller,
(1935).
55 Idaho
whether
also modifies
torney General’s short title was defective
strictly
is
limited
ships.” The initiative
not
membership
to
it lacked reference
“because
Instead,
applies
to “educators.”
membership
of
in a lаbor union
or lack
agent”
a
representative, or
of
“employee,
organization, with further
elaboration
secondary
public elementary or
school.
thereof,
qua
pro-
non of the
the sine
Further,
only
apply
not
the initiative does
posed
Idaho State Fed’n
measure.”
of
twelve,
ap-
grades
through
it also
one
Labor,
at
75
at
272 P.2d
708.
Idaho
prohibition
plies
colleges
because of
in a manner that
“public funds
spending
of
Preliminarily, we stated:
promoting,
purpose or effect of
has the
statute,
Attorney General
Under the
approval
making acceptable,
expressing
draft,
of
within ten words exclusive
homosexuality....”
designation,
Proposal
“Initiative
For,”
the mea-
title which
concedes that
distinctive
The SSRC
However,
spoken
referred
proper.
commonly
short title is
sure
of_
General’s
Thus,
... must
this short title
argues
the first sentence of
that
the measure
only
to mean that
a title which
title could
understood
not
be
of,
rights
spoken
grant special
commonly
referred to
initiative would
ICA
must also be distinctive.
but
minorities.
Labor,
at
75 Idaho
Fed’n
Idaho State
asserts
added). Af-
(emphasis
analyze the
151
(underline)
must, therefore,
following
This short title
so far as
language from
words,
possible within ten
set forth
statute:
distinguish
characteristics which
(1)
The ballot title shall contain:
Distinc-
expeditiously
measure and
and ac-
exceeding
title in
tive short
not
ten twen-
curately acquaint the prospective signer
(420)
ty
words
which the measure
he
she is sponsoring.
what
to or spoken
referred
of and
Labor,
at
Idaho State Fed’n
75 Idaho
printed in
margin
which shall be
the foot
words,
at
272 P.2d
other
signature
petition.
of each
sheet of the
purpose
requirements
of the short title
(2)
general
may-
which
not
acquaint prospective
is “to
legislative
distinct from
signers with the distinctive characteristics
expressing
measure
not more than one
measure....”
two hundred
words the
Labor,
at
State Fed’n
the measure.
P.2d at 711.
analysis
Applying our
facts
Application of I.C.
B.
34-1809 to the
case,
we held that thе
Long
General’s Short and
Ti-
was
proper,
short title
not
when considered
*5
tles.
content,
thrust,
light
of the
or
the
of
proposed legislation:
1. The Short Title.
The chief
para-
characteristic and
mount,
distinctive
of the
features
34-1809,
Under I.C.
the funda
§
are,
statute
that a
person shall
inquiry
mental
is whether the short
seеk, gain,
allowed
obtain and retain
“distinctive,”
is,
whether
short ti
the
employment regardless of
or not
whether
tle
forth the characteristics which
“set[s]
he is a member of a labor
union
labor
distinguish
this
measure and ex
organization....
Thus,
stated,
tersely
peditiously
accurately acquaint
pro
the
right
this
is an initiative measure
the
spective signer
what
with
he
she
regardless
membership
work
of union
Labor,
sponsoring.” Idaho
Fed’n
of
non-membership.
373,
Finally, I.C. amended 34-1809 was using language by which recently the ICA initiative most Ch. required referred to as Session Laws 70-72. The amend- certify the ment I.C. 34-1809. We thus language deleted certain and stream- title, procedures. partiсular, lined this written (strikeout) Secretary of amendment deleted and added the State. Long challenges the merits of these that arise
2. The Title. because of our decision in case. long Under express to 200 words and must is limited J., BISTLINE, concurs. “purpose of the measure.” The Attor begins ney General’s subject
explanation of the matter of the initiative, relating to ho
ICA “[initiative
mosexuality authority to and the state’s status,” minority homosexuals
afford goes through the mea
then each section of
sure, summarizing specific purpose in the initiative. Certain each section ICA ways ly, may acceptable there other In the Matter of the ESTATE OF However, it the title. is not our write MUNDELL, Orie E. Deceased. way role find another or the best judicial way, to examine the Gener but MUNDELL, surviving Eva widow expresses language al’s and ask whether it deceased, Mundell, E. of Orie “purpose of the measure” without be Plaintiff-Appellant, ing hold argumentative prejudicial. We long title that the does express purрose of ICA initiative MUNDELL, surviving E. James son being argumentative prejudicial.
without deceased; Teats, Mundell, Mary E. Orie title, certify thus written We Mundell, surviving daughter of E. Orie *6 Secretary deceased; Sandy Lindsley, surviv- State. Mundell, ing daughter E. de- of Orie
ceased, Defendants-Respondents. CONCLUSION No. 19071. expressed views accordancе Supreme Court of
herein, certify we Lewiston, May Term. ICA initiative titles Secretary State. Aug. No costs or fees. SILAK, JJ., concur.
TROUT
JOHNSON, Justice, concurring
result.
I concur in the certification Court’s by the prepared titles
the short and only to make
attorney general. I write my no concurrence one reads
sure implicit rejection of the
this result to be proposed on act.
substantive attacks view, questions my there are serious
concerning of some of the vagueness If act. the initiative
terms of successful, prepared I will to address act, being limited
challenges to the without concerning implications
by any suggested