The ACLU of Washington and Legal Voice are representing the League of Women Voters of Washington and Parents, Families, and Friends of Gays and Lesbians (PFLAG) Washington State Council in a court challenge to the state Attorney General’s proposed ballot title for Referendum 74. The measure asks voters to approve or reject the law permitting civil marriage for same-sex couples passed by the 2012 Legislature. The League of Women Voters and PFLAG petition says that the proposed language drafted by the Attorney General for R-74 ballot title is prejudicial, and that the court should require language that accurately describes the referendum.
“Ballot titles for referenda need to be concise, accurate, and impartial. This challenge seeks to ensure that ballot title for R-74 enables citizens to know clearly what their vote will mean,” said Sarah Dunne, legal director for the ACLU of Washington.
Before referendum sponsors can begin to circulate petitions and collect signatures, the Court has to approve the ballot title language proposed by the Attorney General. The challenge will be heard in Thurston County Superior Court on March 13. The referendum will be on the November ballot if sponsors get sufficient signatures by June 7.
The petitioners are concerned that the proposed language is misleading and prejudicial, especially in saying that the new law would “redefine marriage.” Under the new law, the definition of civil marriage itself will remain unchanged, but the rights and responsibilities of marriage will now be available to same-sex couples. The term “redefine marriage” is widely used as a sound bite by groups opposed to marriage for same-sex couples.
In addition, the plaintiffs are proposing language making clear to voters that the marriage law protects religious liberty and that no clergy or religious organizations will be forced to change their views or practices with regard to marriages they perform or recognize.
Litigating the ballot title challenge for the ACLU and Legal Voice are cooperating attorneys Paul Lawrence, Matthew Segal, Jessica Skelton, and Sarah Johnson of the Pacifica Law Group.
The ballot title proposed by the Attorney General reads:
“The legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage and voters have filed a sufficient referendum petition on this bill. This bill would redefine marriage to allow same-sex couples to marry, modify existing domestic-partnership laws, allow clergy to refuse to solemnize or recognize marriages and religious organizations to refuse to accommodate marriage celebrations.”
The ballot title proposed by the League of Women Voters and PFLAG reads:
“The legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples and protecting religious freedom and voters have filed a sufficient referendum petition on this bill. This bill would permit marriage for same-sex couples, protect religious freedom by ensuring clergy and religious organizations are not required to perform marriages or accommodate marriage celebrations, and preserve domestic partnerships for seniors.”
