SALT LAKE CITY — The Utah Supreme Court has upheld a lawsuit challenging the legislature's redistricting boundaries.
In a ruling first obtained by FOX 13 News on Thursday morning ahead of its official publication, a unanimous court reversed a lower court's decision to strike a central part of the lawsuit. It means a victory for groups who pushed for independent redistricting boundaries.
"We hold that the people's right to alter or reform the government through an initiative is constitutionally protected from government infringement, including legislative amendment, repeal or replacement of the initiative in a manner that impairs the reform enacted by the people," Justice Paige Petersen wrote in the unanimous opinion. "Thus, an alleged violation of the people's exercise of these rights presents a legally cognizable claim on which relief may be granted."
FOX 13 News was at the courthouse when the plaintiffs arrived. They hugged and dissected the Court's opinion.
"I am ecstatic!" said Katharine Biele, the president of the League of Women Voters of Utah. "This is a huge victory for the citizens of Utah."
The League of Women Voters of Utah, Mormon Women for Ethical Government and others sued over congressional boundaries enacted by the Utah State Legislature. They accused the legislature of disregarding the will of the people who voted to pass Proposition 4, which created an independent redistricting commission. The independent commission submitted boundaries and the legislature ignored them for their own maps. The plaintiffs allege that what the legislature adopted amounts to gerrymandering favoring Republicans.
The legislature has insisted it has the constitutional authority to modify citizen ballot initiatives and draw lines in redistricting, which is why lawmakers favored a map that split Democrat-heavy Salt Lake County into four pieces in a mix of urban and rural interests.
In the ruling, the Court disagreed.
"Although the Legislature has authority to amend or repeal statutes, it is well settled that legislative action cannot unduly infringe or restrain the exercise of constitutional rights. Consequently, when Utahns exercise their right to reform the government through an initiative, this limits the Legislature’s authority to amend or repeal the initiative," Justice Petersen wrote. "This does not mean that the Legislature cannot amend a government-reform initiative at all. Rather, legislative changes that facilitate or support the reform, or at least do not impair the reform enacted by the people, would not implicate the people’s rights under the Alter or Reform Clause."
A lower-court judge last year refused the Utah State Legislature's request to dismiss the lawsuit, which led to the appeal to the state's top court. But the judge dismissed a key count filed by the League and MWEG. The plaintiffs appealed the dismissal of that count, which dealt with citizen ballot initiatives being overriden by the legislature.
Thursday's decision by the state's top court means the original lawsuit can now proceed toward trial.
"We feel like today is such a win for Utah voters," Laura Lewis Eyi of Mormon Women for Ethical Government told FOX 13 News. "Utahns have a constitutionally enshrined right to reform their government and we have a system of checks and balances in place to ensure that right. Today we see evidence of that and we're thrilled."
In a scathing statement, House Speaker Mike Schultz and Senate President J. Stuart Adams blasted the ruling and declared: "This is one of the worst outcomes we’ve ever seen from the Utah Supreme Court."
"Rather than reaching the self-evident answer, today the Court punted and made a new law about the initiative power, creating chaos and striking at the very heart of our republic," they said. "This ruling will have profound and lasting ripple consequences that could negatively impact the state's future. It mirrors how states like California are governed — by big money and outside interest groups that run initiatives to alter the government and push their own agendas. The Utah Supreme Court has gone a step further by creating 'supreme laws' that could be tied up in lengthy disputes for years."
In his own statement, Governor Spencer Cox said he respected the ruling.
"While I disagree with some of the Court’s analysis and determinations, I respect the role of the Court in our system of government. Ultimately, what matters is that we craft policy that keeps Utah the #1 state in the nation to work, live, and raise a family. We look forward to continuing Utah’s pattern of careful and deliberate policymaking with the best interests of Utahns as the top priority," Gov. Cox said.
Utah Senate Democrats celebrated the decision.
"This decision highlights that when Utahns exercise their right to reform the government through ballot initiatives, such actions are protected by our constitution. The court's opinion clearly limits the Legislature's ability to repeal and replace initiatives that embody the will of the people, ensuring that government reforms enacted through citizen initiatives cannot be undone without a compelling justification," the minority caucus said in a statement.
House Minority Leader Angela Romero and her caucus sided with the plaintiffs.
"As we await further developments, we reaffirm our commitment to advocating for a redistricting process that maintains the integrity of our elections and respects the rights of all voters. We remain committed to honoring the will of the people who passed Proposition 4, establishing an independent redistricting commission, and are dedicated to working with stakeholders, advocates, and community members to ensure a more inclusive and representative democracy where every vote counts, and every community is fairly represented," House Democrats said in a statement.
The Court's ruling may not directly impact other citizen ballot initiatives the legislature overrode, including medical cannabis and Medicaid expansion. The justices acknowledged in their ruling that it was narrowly focused on the right to reform government.
"Because we conclude that this argument requires us to reverse, we do not reach the broader question of whether the Initiative Provision alone prohibits the repeal and/or substantive amendment of all citizen initiatives, whether they reform the government or not," Justice Petersen wrote.
But it is a shot in the arm for future citizen ballot initiatives, said campaign strategist Gabi Finlayson, who runs many Democratic candidates' races.
"Utah is at an inflection point. The will of the people has been hindered by unconstitutional districts and unchecked extreme politicians. As the youngest and fastest-growing state in the nation, Utah's political landscape is rapidly evolving. Millennials and Gen-Z voters, who overwhelmingly prefer Democrats, are already shifting the state's dynamics. With today’s ruling, Utah's political future will be more balanced and competitive," she said in an email. "Watch out, Utah is about to become a battleground state."
Read the court's ruling here:
