The state Attorney General's office filed an appeal Tuesday in response to an Ingham County Circuit Court ruling that a state board shouldn't have approved petition forms aiming to end racial- and gender-preference practices in Michigan.
Attorney General Mike Cox said in a written statement that the appeal is necessary to remain consistent with established Michigan law and to protect the public's petitioning rights.
"The lower court's standard for amending the constitution creates too onerous a burden on those who choose to engage in democratic action," he said. "If allowed to stand, the lower court's decision will impair the rights of the people to petition."
The ruling was the result of a joint lawsuit filed by two pro-affirmative action organizations against the language of the petitions being circulated by the Michigan Civil Rights Initiative. In the decision issued last week, Judge Paula Manderfield stated that the petition should not have been approved because its language does not clearly state that it would "alter or abrogate" the state Constitution.
But Cox said the language of the petitions should not be in question.
"As a matter of law, the (initiative) petition does not add to, delete from, or change the existing wording of any section of our constitution," he said.
If the ruling stands, it could hamper the initiative's attempt to constitutionally ban preferences based on race, ethnicity, gender and national origin at public institutions. Initiative supporters must gather more than 317,000 signatures by July 6 to put the issue on the fall ballot.
Tim O'Brien, campaign manager for the initiative, said he was "delighted" to hear that the attorney general's office had appealed last week's ruling.
"The calendar pages keep turning on our 180 days to get signatures," he said. "Every day that goes by is just one more day that we've been hurt by (the court) decision."
O'Brien said the publicity surrounding the lawsuit has negatively affected the petition drive and its volunteers. He said the opposition is "determined to do whatever it takes to make sure that the voters of Michigan never get an opportunity to consider our proposal.
"They know full well that should we get to the ballot, they will lose," he said. "They're resorting to weapons of mass distraction."
The original lawsuit was filed by Citizens for a United Michigan and By Any Means Necessary, or BAMN. While reactions to the appeal differed between the two groups, officials from both organizations said the attorney general did not consult with his client before filing the appeal.
George Washington, an attorney who represented BAMN in the hearing, said the appeal was shocking.
"This is not the State Board of Canvassers appealing, this is Mike Cox appealing," he said. "It's clear that he wants to oppose affirmative action whether he has the authority to do it or not."
Emily Bingham can be reached at binghame@msu.edu.
