Ten Commandments and Abortion Amendments Could Spur Legal Challenges
Two statewide amendments on the November ballot have already generated debate among legal scholars. One involves the public display of the Ten Commandments. That’s the same issue that led to the removal of former Alabama Chief Justice Roy Moore from the bench in 2003. The other amendment deals with abortion. Approval of these measures could potentially set the stage for future legal challenges.
Amendment One
“Proposing an amendment to the Constitution of Alabama of 1901, providing for certain religious rights and liberties; authorizing the display of the Ten Commandments on state property and property owned or administrated by a public school or public body; and prohibiting the expenditure of public funds in defense of the constitutionality of this amendment.”
The courts do allow for public displays of the Ten Commandments, but not in all cases.
“It all has to do with intent,” Steven Brown, an Auburn University political science professor, says.
Brown says if the Ten Commandments display is included among various items in the context of law or history, it probably would be constitutional.
“But if it’s religion and you’re just going to pepper it with all these things around it to make it look like it’s a law display, if the intent behind it all along was a religious intent, then I think it will be suspect,” Brown says.
Brown notes it’s curious the amendment includes language prohibiting the use of public funds to defend against a legal challenge. He says lawmakers who supported the measure may be counting on an outside group to defend the amendment in a potential lawsuit.
Amendment Two
“Proposing an amendment to the Constitution of Alabama of 1901, as amended; to declare and otherwise affirm that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners and measures appropriate and lawful; and to provide that the constitution of this state does not protect the right to abortion or require the funding of abortion.”
Brown says the right to an abortion has been clearly established by the U.S. Supreme Court through the 1973 Roe v. Wade and the 1992 Planned Parenthood v. Casey decisions.
“In my opinion, this amendment right now on its face is actually unconstitutional,” Brown says. “It will be challenged and as long as those previous precedents stand, I think it will fail.”
Brown says proponents appear to be banking on the U.S. Supreme Court ruling differently in a future abortion case. The high court is seen as taking a rightward tact with the addition of Republican appointees judges Neil Gorsuch and Brett Kavanaugh. But Brown says just because the newest justices were Republican appointees, that doesn’t necessarily mean they’ll overturn earlier precedent establishing abortion rights.
There are two other statewide constitutional amendments. They relate to the University of Alabama Board of Trustees and special elections when legislative seats are vacated.
You can read summaries and analysis of all the statewide constitutional amendments from the Public Affairs Research Council of Alabama.
Summaries of the statewide constitutional amendments are also available from the state’s Fair Ballot Commission.
Foreign nationals propel U.S. science. Visa limits under Trump could change that
The incoming Trump administration is likely to crack down on the H-1B visas used by tech companies and research institutions to hire top talent from other countries.
The International Criminal Court has issued arrest warrants for Netanyahu and Gallant
The International Criminal Court issued arrest warrants on Thursday for Israel's Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, for alleged war crimes in the Gaza Strip.
Are you a caregiver for an adult? How has it changed you?
Many who care for family members and loved ones at home say it can be very stressful but also rich in meaning. Share your story and insights.
MF DOOM’s music was his legend. The man himself was the myth
The late rapper's 2004 album MM..FOOD may never have the classic status of its sister release, Madvillainy. But 20 years later, it's the one to play if you want to hear the essence of his artistry.
Here’s how Trump and the GOP may try to weaken Obamacare
Republican control of the White House and Congress sets the stage for potentially seismic changes including curtailing Medicaid, weakening patient protections, and increasing premium costs for millions.
Richer countries are starting to pay poorer ones for climate change damages
With climate-related disasters getting more extreme, richer countries are piloting ways to compensate developing nations, since they bear the least responsibility for causing climate change.
