WASHINGTON – In a rare full court hearing, the 10th Circuit Court of Appeals will hear oral arguments in a case challenging an amendment to the Utah constitution that requires a special two-thirds majority for citizens to pass any initiative concerning wildlife. The Court will convene at 2 p.m. Tuesday at the Byron White United States Courthouse in Denver.
Initiative and Referendum Institute et al v. Walker was filed by a coalition of wildlife protection and free speech advocates to challenge an amendment to the Utah constitution that requires a special two-thirds majority for citizens to pass any initiative concerning wildlife. No such special rules exist for any other issues the voters of Utah may wish to take directly to the people by way of the initiative process provided by the Utah constitution.
"This supermajority law is a direct attack on the constitutional rights of the vast number of Utah citizens that wish to protect, rather than exploit, the state's wildlife," said Jonathan R. Lovvorn, vice president of animal protection litigation for The Humane Society of the United States. "The state's decision to enact special rules to stifle a particular group's access to the political process is a textbook violation of the First Amendment."
Wildlife advocates in a number of states have successfully outlawed inhumane practices such as bear baiting, use of steel-jaw leghold traps, and canned hunting through the ballot initiative process. The success of these campaigns has led opponents to explore methods for making the initiative process impractical for wildlife and animal protection advocates.
The district court initially denied plaintiffs' claims, and the original appeal of the case was argued before a panel of the 10th Circuit Court of Appeals in September of 2003. However, rather than issuing a decision, the Court recently took the unprecedented step of ordering the matter to be heard en banc by the full Court. Such en banc rehearing is exceedingly rare, and usually signals that the Court considers the matter to have important and far-reaching consequences.
Wildlife and free speech advocates argue that the Utah supermajority requirement unconstitutionally burdens First Amendment protected advocacy on wildlife issues. The measure, which was targeted specifically at wildlife protection advocates, makes it virtually impossible for these groups and individuals to participate in the initiative process in Utah.
The Humane Society of the United States is the nation’s largest animal protection organization representing more than 9.5 million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org.
