Subject: Idaho Attorney General Says New Initiative is Unconstit.

From: [email-masked]
Date: Sat, 22 Jul 1995 16:57:35 -0400

July 21, 1995
Press Release
Subject:  No On 1 Coalition Applauds Attorney General's Opinion that the
ICA's New Anti-Gay Initiative is Unconstitutional; Challenges ICA to Stop its
Anti-Gay Efforts
Contact:  John C. Hummel, No On 1 Coalition, (208)345-9736
July 21, 1995; Boise, Idaho.  Idaho Attorney General Alan Lance today issued
a written opinion that the new anti-gay initiative proposed by the Idaho
Citizens Alliance (ICA) is unconstitutional.  In his "Certificate of Review"
addressed to the Secretary of State,  the Attorney General declined to give
an opinion on the constitutionality of the initiative's "minority status"
provision, because that issue is currently before the U.S. Supreme Court in
its review of the Colorado Amendment Two case.  Nevertheless, the Attorney
General stated that all of the initiative's other provisions - its public
funding, public schools, and public libraries clauses - pose serious First
Amendment concerns and thus violate the Constitution.  The Attorney General
also stated that the initiative proposal's introductory language was
confusing and inappropriate, and he recommended that it be deleted.
Brian Bergquist, Chairperson of the No On 1 Coalition, the political group
which led the statewide opposition that defeated Proposition One in 1994,
expressed his appreciation for the Attorney General's review.  "This confirms
what we've suspected, that the ICA's new anti-gay initiative is truly the
'Son of One.'  It's unconstitutional, just like Proposition One was,"
Bergquist stated.  "This opinion is devastating to the ICA," Bergquist added,
"because now two attorney generals, a Democrat and a Republican, have both
advised them that their anti-gay initiative proposals are unconstitutional."

The ICA had criticized the previous Attorney General, Democrat Larry
EchoHawk, for his opinion that Proposition One was unconstitutional.  "The
ICA can no longer claim that the Attorney General's review of its anti-gay
initiatives is politically-motivated," Bergquist said.  "Attorney General
Lance, a conservative Republican, has shown that there are serious
constitutional problems with the discrimination that the ICA is attempting to
write into our law."
Bergquist challenged the ICA and its chairman, Kelly Walton, to drop their
anti-gay initiative efforts.  "The time has come for the ICA and Walton to
face facts. No matter how they attempt to rewrite their anti-gay proposals,
they are flawed and unconstitutional," Bergquist said.  "The ICA should
respect the Attorney General's opinion, and cease their useless attacks on
gay and lesbian people and our nation's Constitution.  Fighting another
costly political battle over this divisive issue is simply not in the best
interests of the people of Idaho."
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