LWVU v. Legislature
LWVU v. Legislature, 2024 UT 21 (Petersen, J.)
Utah Constitution
Utahns passed Proposition 4 in 2018 prohibiting “partisan gerrymandering” in Utah’s electoral districts. However, the Utah Legislature repealed Proposition 4 before the next redistricting cycle and replaced it with another law allowing for partisan gerrymandering. A group of citizens later sued the Legislature alleging that the repeal of Proposition 4 violated Utahns’ right to reform the government under article 1 section 2 of the Utah constitution. The district court dismissed the citizens’ claim, ruling that the Legislature’s power to amend, repeal, and enact statutes defeated the claim as a matter of law. The Utah Supreme Court reversed, holding:
- The district court erred in dismissing the citizens’ claim. Article 1 section 2 limits the Legislature’s authority to amend or repeal an initiative that reforms the government.
- Practice tip: The Utah Supreme Court looked at the original public meaning of the Alter or Reform Clause and the Initiative Provision to conclude that Utahns’ exercise of their constitutional right to alter or reform the government—as they did in passing Proposition 4—is protected from undue government infringement.