Court Decides Utah Wildlife Amendment Will Stand
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Court Decides Utah Wildlife Amendment Will Stand





A federal appeals court has refused to reinstate anti-hunters’ challenge of a voter-approved initiative in Utah that deters efforts to ban hunting via the ballot box.

On May 17, the U.S. 10th Circuit Court of Appeals rejected a request by the Humane Society of the United States and other anti-hunting plaintiffs to reinstate a suit that had been dismissed in lower court. Anti’s claimed Utah’s Proposition 5, which took effect in 1999 and requires that wildlife-related ballot issues pass with a two-thirds majority vote, is so difficult to surpass that it violates the rights of people interested in proposing ballot measures. The judges disagreed.

In a majority opinion rejecting the request, the court acknowledged that the plaintiffs undoubtedly “find the heightened threshold for wildlife initiative dispiriting, and feel ‘marginalized’ or ‘silenced’ in the wake of Proposition 5.”

However, the judges pointed out that “The First Amendment ensures that all points of view may be heard; it does not ensure that all points of view are equally likely to prevail.”

The supermajority requirement was established by a 1998 ballot measure, which was supported by the U.S. Sportsmen’s Alliance (USSA). The measure was upheld in a Sept. 2001 ruling by a federal judge.

Missouri lawmakers are currently debating a bill that will place an initiative similar to Proposition 5 before voters. If the bill passes, a question will appear on the November ballot asking whether all initiatives concerning the harvesting of wildlife or forestry resources should be passed by a two-thirds majority.

For nearly 30 years, the USSA has battled anti-hunters at the ballot box. Increasing the necessary vote to two-thirds majority on wildlife-related issues helps protect wildlife and outdoor sports.
US Sportmens Alliance on Target

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