Supreme Court ruled Amendment 54 unconstitutional

On February 22, 2010, the Colorado Supreme Court found Amendment 54 unconstitutional. The Court found that the provisions of Amendment 54 were unconstitutionally broad and vague, and violate equal protection under the First and Fourteenth Amendments to the U.S. Constitution. After striking various unconstitutional portions of Amendment 54, the Supreme Court also ruled that the remaining provisions did not constitute a meaningful legislative enactment. This means that Amendment 54 will be purged from the Colorado Constitution.

In deciding this case, the Supreme Court ruled that labor organizations and unions "provide a tangible example of the very associational freedoms the First Amendment protects." The Court ruled that Amendment 54 "impermissibly abridges union members' First Amendment rights to associate in order to amply their political voice," and violates the Fourteenth Amendment Equal Protection Clause by "treating unions differently than other entities without compelling justification."

District Court Decision, June 2009

Judge Catherine Lemon, a Denver District Court judge, declared Amendment 54 unconstitutional June 23, 2009, saying it violates rights protected by the First Amendment. Judge Lemon enjoined the amendment, putting a temporary end to its authority. On July 23, Judge Lemon issued her final opinion on the matter.

As expected, Attorney General John Suthers, on behalf of the State of Colorado, appealed the decision to the State Supreme Court. Oral arguments were held December 3, 2009.

Amendment 54 History

1. The fight to overturn Amendment 54 began January 28, 2009, when attorneys filed a lawsuit in Denver District Court challenging Amendment 54 which Colorado voters narrowly approved last November 4. The lawsuit argued that Amendment 54 violates the Colorado and U.S. Constitutions and should be declared void by the courts.

   CEA believes that Amendment 54 unfairly silences the political voices of teachers, firefighters, and nurses by prohibiting them from making political contributions simply because they are parties to collective bargaining agreements with various government bodies.

2. In early March 2009, the plaintiffs filed a motion for preliminary injunction, as did the Colorado Preservation Council, a group of nonprofits that supported a similar lawsuit to overturn Amendment 54. Judge Lemon granted the plaintiffs' motion to combine their lawsuit with the Colorado Preservation Council’s suit. The State of Colorado, defendant in the two suits, filed its response and did not seek to move the case to Federal Court.

3. On June 23, 2009, Judge Lemon granted the plaintiffs' motion for preliminary judgment. This means that CEA local associations and other public sector labor unions and the business community prevailed. Judge Lemon found that Amendment 54 violates the First Amendment rights of unions, union members, and certain business community interests. The judge’s motion suspended Amendment 54 and prevented it from being implemented unless the Supreme Court renders a different decision upon appeal.

4. On July 20, the Court enjoined the enforcement of Amendment 54 except for section 16, which requires public disclosure of sole source government contracts. Judge Lemon's final order states, “The Court determines that the plaintiffs have met their burden of proving beyond a reasonable doubt that Amendment 54 is unconstitutional and of justifying the issuance of a preliminary injunction. THEREFORE, the Court enjoins the enforcement of Amendment 54 (except section 16 thereof) because, on its face, it violates the rights of free speech and association guaranteed by the First Amendment to the Constitution of the United States.” (emphasis added)

Updated February 22, 2010