Have Courts Struck Down Voter-Approved Ballot Measures?

Have Courts Struck Down Voter-Approved Ballot Measures? By Chris Micheli

            The short answer is yes. And the courts have done so more than once in the State of California. There are a number of recent examples of the state and federal courts doing so, as well as a few historical instances in which statewide, voter-approved ballot measures have been invalidated by the judicial branch, even though they were approved by the statewide electorate.

            The following are several of those examples:

            After the November 2008 election, Prop. 8 (Definition of Marriage Constitutional Initiative), which was approved by 52% of the voters, was invalidated by the United States Supreme Court.

            After the November 2000 election, Prop. 22 (Definition of Marriage Statutory Initiative), which was approved by 61% of the voters, was invalidated by the California Supreme Court.

After the November 1996 election, Prop. 198 (Open Blanket Primary Election Constitutional Initiative), which was approved by 58% of the voters, was invalidated by the United States Supreme Court.

            After the November 1964 election, two approved statewide ballot measures were struck down by the courts.

First, Prop. 14 (Right to Decline Selling or Renting Residential Properties to Persons Constitutional Initiative), which was approved by 65% of the voters, was invalidated by the California Supreme Court.

Second, Prop. 15 (Prohibition of Paid Television Programming Statutory Initiative), which was approved by 66% of the voters, was invalidated by the California Supreme Court.

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