In the Matter of the Title, Ballot Title and Submission Clause for 2015-2016 63. Tracee Bentley a — Gabriel, J…

Summary

Justice Gabriel, dissenting, would conclude that Initiative #63 violates Colorado's single-subject requirement because its provision assigning the highest priority to a healthy environment creates a separate substantive change in the relative priority of constitutional rights. He reasoned that this prioritization is not necessary to establish the proposed environmental right and could induce voters to approve the initiative despite opposing the prioritization provision. The dissent therefore would reject the majority's conclusion that the initiative's provisions are necessarily and properly connected.