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).
