Personal Liberties & Ballot Initiatives: MA v. CA

By |2020-11-01T17:37:58+00:00March 26, 2015|Constitutional Law, LGBT Rights|

In many states, including Massachusetts, residents can legislate directly through the ballot initiative process. Recently, such proposals have included: expanding bottle deposits, repealing the casino law, and mandating paid employee sick leave.

In MA, the process for bringing forth such petitions is detailed in Article 48 of the Massachusetts Constitution. First, the proposal must have the support of ten voters. Then, the Attorney General must review the proposal to make sure it does not touch upon “excluded matters,” which themselves are enumerated in the MA Constitution. For instance, ballot measures regarding religion, religious practices, or the appointment of judges are strictly prohibited.

The Massachusetts Constitution also prohibits ballot petitions that infringe on personal liberties. Such liberties [Read More…]