Appeals Court Rules Secretary of State Ballot Summary Acceptable

May 6, 2008, JEFFERSON CITY, MO –  On Friday, May 2, 2008, the Missouri Western District Court of  Appeals ruled 3-0 that the Secretary of State Robin Carnahan was wrong to mischaracterize the Cures Without Cloning ballot initiative to ban human cloning as a repeal of Amendment 2. However the appeals court ruled 2-1 that the Secretary of State’s ballot language was acceptable.

In the original court ruling, Judge Patricia Joyce, found that the ballot summary written by the Secretary of State was “insufficient and unfair.” As a result, Judge Joyce rewrote the ballot language.

The appeals court overturned Judge Joyce’s ballot language and reinstated the Secretary of State’s language with the exception of the word “repeal.” The appeals judges agreed that it was “insufficient and unfair” to characterize the ballot initiative as a repeal of Amendment 2.

However Judge James Smart dissented in his vote in overturning Judge Joyce’s rewrite of the Secretary of State’s language. Judge Smart stated in his separate opinion that once the trial court determines that the Secretary's statement cannot be approved, the trial court can adjust the Secretary's draft, or, if it determines it to be necessary, draft its own summary, seeking to comply with the requirements of law.

“This ruling is frustrating as it clearly wasn’t based on the content of the initiative petition but it shows the pervasive nature of the cloning industry and the vast amount of resources they have and their ability to affect government processes,” said Deacon Larry Weber, Executive Director of the Missouri Catholic Conference. “However, if the cloning industry thinks we will not continue our fight to ban unethical human cloning in Missouri, they are dead wrong.”

The ruling came too late for Cures Without Cloning to collect enough signatures to get the initiative on the November 2008 ballot. As a result cloning opponents plan to move forward and submit new language for a ballot initiative to be placed on the November 2010 ballot.

“By filing a new ballot initiative and aggressively defending it and educating voters we hope to close the loopholes in Amendment 2 which allows human cloning in Missouri,” said Deacon Weber.

Deacon Weber stated that pro-life groups are already gearing up for the November 2010 election. Efforts will continue to educate voters regarding human cloning in addition to training Missourians on how to collect signatures for the new ballot initiative.

“We believe that this is an issue for Missourians to decide,” said Deacon Weber. “Missouri is a pro-life state and we hope to prove it once again in 2010.”