Utah Supreme Court rules against redistricting

SALT LAKE CITY — The Utah Supreme Court has granted a lawsuit challenging the Legislature’s redistricting.

In the ruling, first obtained by FOX 13 News Thursday morning ahead of its official release, the unanimous court reversed a lower court’s decision to strike out the central part of the lawsuit, marking a victory for groups that had been pushing for independent district boundaries.

“We hold that the people’s right to change or reform their government through initiative is constitutionally protected from government infringement, including legislative amendment, repeal, or substitution of the initiative in a manner that weakens the people’s reform,” wrote Justice Paige Petersen in a unanimous opinion. “Accordingly, an alleged infringement on the people’s exercise of these rights constitutes a legally cognizable claim upon which relief may be granted.”

FOX 13 News was at the courthouse when the plaintiffs arrived. They hugged and reviewed the court’s opinion.

“I am over the moon!” said Katharine Biele, president of the League of Women Voters of Utah. “This is a huge victory for the citizens of Utah.”

The League of Women Voters of Utah, Mormon Women for Ethical Government and others have sued over the congressional district lines drawn by the Utah State Legislature. They accuse the Legislature of disregarding the will of the people who voted for Proposition 4, which created an independent commission to redistrict the state. The independent commission drew the lines, and the Legislature ignored them for its own maps. The plaintiffs say what the Legislature adopted amounts to gerrymandering that favors Republicans.

The Legislature insists it has the constitutional authority to modify citizen initiatives and draw district lines, which is why lawmakers have opted for a map that divides Democratic-majority Salt Lake County into four parts that take into account urban and rural interests.

In its ruling, the court did not agree with this opinion.

“While the Legislature has the power to alter or repeal laws, it is well settled that legislative action cannot unlawfully infringe or abridge the exercise of constitutional rights. Consequently, when the people of Utah exercise their right to reform their government through an initiative, it limits the Legislature’s power to alter or repeal the initiative,” wrote Judge Petersen. “This does not mean that the Legislature cannot alter a government reform initiative at all. Rather, legislative changes that facilitate or support reform, or at least do not weaken a reform enacted by the people, will not affect the people’s rights under the Alter or Reform Clause.”

Last year, a lower judge denied the Utah State Legislature’s request to dismiss the lawsuit, prompting an appeal to the state’s highest court. But the judge dismissed a key challenge brought by the League and MWEG. The plaintiffs appealed the dismissal of that challenge, which focused on citizen initiatives rejected by the Legislature.

Thursday’s decision by the state’s highest court means the original lawsuit can now go to trial.

“We feel like today is a huge victory for Utah voters,” Laura Lewis Eyi of Mormon Women for Ethical Government told FOX 13 News. “The people of Utah have a constitutional right to reform their government, and we have a system of checks and balances that ensures that right. Today we see evidence of that, and we are thrilled.”

In a withering statement, House Speaker Mike Schultz and Senate President J. Stuart Adams slammed the ruling, saying, “This is one of the worst outcomes we have ever seen in the Utah Supreme Court.”

“Rather than arriving at an obvious answer, the Supreme Court today struck down and re-enacted a new initiative law, creating chaos and striking at the very heart of our republic,” they said. “This ruling will have profound and lasting side effects that could negatively impact the future of our state. It reflects the way states like California are run — by big money and outside interests who lead initiatives to change government and advance their own agendas. The Utah Supreme Court went a step further, creating ‘supreme rights’ that could be tied up in lengthy litigation for years.”

Governor Spencer Cox said in a statement that he respected the ruling.

“While I disagree with some of the Court’s analysis and findings, I respect the Court’s role in our system of government. Ultimately, what matters is that we make policies that keep Utah the No. 1 state in the nation to work, live and raise a family. We look forward to continuing Utah’s pattern of careful and thoughtful policymaking that puts the interests of Utahns first,” said Governor Cox.

Democrats in the Utah Senate celebrated the decision.

“This decision underscores that when Utahns exercise their right to reform their government through referendum initiatives, those actions are protected by our Constitution. The court’s opinion expressly limits the legislature’s ability to revoke and replace initiatives that embody the will of the people, ensuring that government reforms enacted through citizen initiatives cannot be reversed without a compelling justification,” the minority caucus said in a statement.

House Minority Leader Angela Romero and her faction sided with the plaintiffs.

“As we await further developments, we reaffirm our commitment to advocating for a redistricting process that preserves the integrity of our elections and respects the rights of all voters. We remain committed to honoring the will of the people who passed Proposition 4 by establishing an independent redistricting commission, and we are committed to working with stakeholders, advocates, and community members to ensure a more inclusive and representative democracy in which every voice counts and every community is fairly represented,” House Democrats said in a statement.

The court’s ruling may not have immediate implications for other citizen initiatives that the Legislature has rejected, including medical marijuana and Medicaid expansion. The justices acknowledged in their ruling that it was narrowly focused on the right to reform government.

“Because we conclude that this argument requires us to reverse, we do not reach the broader question of whether the Initiative Provision itself prohibits the repeal and/or material modification of all citizens’ initiatives, whether they reform government or not,” Judge Petersen wrote.

It’s a boost for the future of grassroots initiatives, said campaign strategist Gabi Finlayson, who manages multiple Democratic candidate campaigns.

“Utah is at a tipping point. The will of the people has been thwarted by unconstitutional districting and unchecked extremists. As the youngest and fastest growing state in the country, Utah is rapidly evolving politically. Millennial and Gen Z voters who overwhelmingly favor Democrats are already changing the state’s dynamics. Today’s ruling will make Utah’s political future more balanced and competitive,” she said in an email. “Be warned, Utah is about to become a battleground state.”

Read the court ruling here: