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Nevada Supreme Court Dismisses Personhood Amendment Appeal As Moot

By Howard M. Friedman

In Personhood Nevada v. Bristol, (NV Sup. Ct., Dec. 30, 2010), the Nevada Supreme Court dismissed as moot an appeal from a lower court ruling that held a proposed ballot initiative to be in violations of state law because it embraces more than one subject. (NRS 295.009). The proposed constitutional amendment read: "In the great state of Nevada, the term 'person' applies to every human being." The trial court also suggested that proponents' description of the effect of the amendment was improper. After the lower court opinion, proponents did not go ahead with collecting signatures on their initiative petition. The Supreme Court concluded that this made the case moot, even though proponents are planning to file a similar initiative petition in 2012.  It also made clear that because appellate review was precluded, the lower court ruling will have no preclusive effect in later litigation. The Las Vegas Sun reports on the decision. [Thanks to Pew Sitter for the lead.]

Full post as published by Religion Clause on January 02, 2011 (boomark / email).