The Florida 2012 Ballot will include Ballot Number 8 entitled “Religious Freedom.” This would repeal and replace the last sentence of Article I, section 3 of the Florida Constitution known as the Florida Blaine Amendment, which currently states: “No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.” The replacement language upon which Floridians will vote states: “Except to the extent required by the First Amendment to the United States Constitution, neither the government nor any agent of the government may deny to any individual or entity the benefits of any program, funding or other support on the basis of religious identity or belief.” In Shapiro v. Browning, Case No. 2011-CA-1892 (Fla. 2d Cir. Ct. Dec. 13, 2011), Florida Circuit Court Judge Terry Lewis handed down a ruling on cross-summary judgment motions that temporarily removed this proposed amendment to the Florida Constitution from the ballot. The court held that a specific provision in the ballot summary was misleading; however, the court laid out a roadmap to correct the alleged defect. The court also upheld as constitutional a new statute allowing the Florida Attorney General to fix defective ballot summary language. Pursuant to this statute, the Florida Attorney General revised the ballot summary language consistent with the court’s direction, returning the amendment to the November 2012 ballot.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact firstname.lastname@example.org or call Lexology Customer Services on +44 20 7234 0606.
Religious freedom amendment makes it to the November 2012 Florida Ballot
If you are interested in submitting an article to Lexology, please contact Andrew Teague at email@example.com.
"Lexology is a quick and useful indicator of developments in the legal sphere. It alerts me to changes taking place in the legal environment in South Africa that I may not otherwise have spotted or had immediate access...
"Lexology is a quick and useful indicator of developments in the legal sphere. It alerts me to changes taking place in the legal environment in South Africa that I may not otherwise have spotted or had immediate access to as a company lawyer. It definitely serves as a trigger for me to investigate such changes in the legal landscape in South Africa as they may affect my work and that of my employer. I believe that receiving Lexology provides me with a competitive advantage."
Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd