From Deseret News archives:

Groups appeal amendment to Utah Constitution

They oppose voting requirements for altering wildlife laws

Published: Monday, Oct. 16, 2006 9:53 p.m. MDT
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A history of the amendment is set out straightforwardly in the petition, he said. "It was quite clearly put in the (state) Constitution for one purpose only, which was to prevent passage of any laws which could further restrict the taking of wildlife," Zimmerman added.

The petition quotes then-Sen. Leonard Blackham, R-Moroni, as saying anti-hunting movements "pose a very real threat. There's no place in the nation, in fact, where the animal-rights people are stronger in their actions than they are right here in Utah."

Troy L. Booher, also representing the petitioners, said, "If you categorize people for their viewpoints you run into constitutional problems."

Both attorneys believe federal courts have overturned provisions of state constitutions.

"States' constitutions have to be compatible with the federal Constitution," Zimmerman said. "The federal Constitution overrides all inconsistent laws, state and federal, including state constitutions."

Paul Murphy, spokesman for the Utah State Attorney General's Office, said nobody knows if the Supreme Court will hear the case. If it does, the office has not yet decided how it will respond, he said.

Booher said the court could decide by the end of the year whether to accept the case.


E-mail: bau@desnews.com

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