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Coalition for Parents and Children Pac and Donna Washington Lead First Successful Legal Challenge of Initiative Creating Amorphous Right to “Reproductive Freedom” in Country Post-Dobbs

Richard Powell  2 min read

On Tuesday, November 21, 2023, Judge Russell struck down the proposed constitutional amendment initiative C-01-2023, finding it does not embrace a single subject, contains a misleading description of effect, and contains an unfunded mandate in violation of NRS 295.009 and Article 19, Section 6, of the Nevada Constitution.

 

The Coalition for Parents and Children PAC and Donna Washington are thankful for this result because it affirms their position that the initiative was in violation of Nevada law. Whenever a group of people in Nevada wants to amend the state constitution to create a new right, it is crucial to have a clear definition of the proposed right and to provide the public with a comprehensive understanding of the potential outcomes of adopting it. However, the initiative put forward by the Nevadans for Reproductive Freedom was too broad and misleading and failed to properly inform the public of the many consequences of approving their petition, including the financial impact on Nevada taxpayers.

Jason Guinasso, the Coalition’s attorney and spokesperson, explained, “This is the first time that a legal challenge of this kind has been successful in the country post-Dobbs. It is the correct decision as the initiative is in violation of Nevada law. The initiative covers more than a single subject and is grossly misleading in part due to the ambiguity of what “reproductive freedom” is meant to represent. The proposed right encompasses an abyss of subjects and the proponents have not thought through the foreseeable consequences of what they are proposing in their initiative. This includes the potential fiscal impact on Nevada taxpayers.”

To better understand the significance of the court’s recent decision, it is important to have some context on recent reproductive freedom initiatives. In 2022, residents of California, Michigan, and Vermont voted on ballot measures to establish state constitutional rights to “reproductive freedom”. These votes followed the Dobbs v. Jackson Women’s Health Organization case, which held that the U.S. Constitution does not grant the right to abortion. More recently, Ohio voters have approved a citizen-initiated constitutional amendment that provides the right to make reproductive decisions, including those related to abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy (with seemingly undefined and likely unintended consequences like abortion up to birth).

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