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.
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Religious freedom amendment makes it to the November 2012 Florida Ballot
- Holland & Knight LLP
- Nathan Adams and Kevin Cox
- USA
- January 11 2012
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd