Suit Challenges Ballot Language Of Florida's Proposed Repeal of Blaine Amendment

As previously reported, earlier this year Florida's legislature voted to place a constitutional amendment on the November 2012 ballot that would repeal the state constitution's Blaine Amendment-- the provision that bars any state financial support of religious institutions. Yesterday a lawsuit was filed by representatives of a teacher's union, of a union representing school administrators, of an organization representing school boards, and by several clergy, seeking to have the proposal removed from the ballot.  The complaint (full text) in Shapiro v. Browning, (FL Cir. Ct., filed 7/20/2011), alleges that the title of the ballot measure and the summary of it that is to appear on the ballot are misleading. Florida statutes provide that the Attorney General may rewrite a ballot title or summary if a court finds that the version passed by the legislature is misleading. The lawsuit also seeks to have the court declare that the vesting of this power in the Attorney General is an unconstitutional delegation of legislative powers to an executive officer.  An FEA press release announcing the filing of the lawsuit says that the proposed amendment "is a shady way of opening the door for school vouchers for all." The Miami Herald also reports on the suit.