Alaska Ballot Measure 3, Right to Privacy Amendment (August 1972)
| Alaska Ballot Measure 3 | |
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| Election date |
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| Topic Constitutional rights |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Alaska Ballot Measure 3 was on the ballot as a legislatively referred constitutional amendment in Alaska on August 22, 1972. It was approved.
A "yes" vote supported adding an amendment to the Alaska Constitution that established a right to privacy. |
A "no" vote opposed adding an amendment to the Alaska Constitution that established a right to privacy. |
Election results
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Alaska Ballot Measure 3 |
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| Result | Votes | Percentage | ||
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45,539 | 86.18% | ||
| No | 7,303 | 13.82% | ||
Aftermath
Valley Hospital Association v. Mat-Su Coalition for Choice (1997)
In Valley Hospital Association v. Mat-Su Coalition for Choice (1997), the Alaska Supreme Court ruled that Ballot Measure 3, which declared that people have a right to privacy, included a right to abortion. The ruling stated, "... we are of the view that reproductive rights are fundamental, and that they are encompassed within the right to privacy expressed in article I, section 22 of the Alaska Constitution. These rights may be legally constrained only when the constraints are justified by a compelling state interest, and no less restrictive means could advance that interest. These fundamental reproductive rights include the right to an abortion."[1]
Attorney General Kevin Clarkson (R), appointed in 2018, said, "Basically, Alaska provides more protection for abortion rights than the federal Constitution. So if Roe vs. Wade were overturned, in Alaska, nothing would change. ... What could change things in Alaska to move it towards a more protective-of-life perspective would be an amendment to the Alaska Constitution."[2]
Text of measure
Ballot title
The ballot title for Ballot Measure 3 was as follows:
| “ | Ballot 3 As Proposed By Senate Joint Resolution No. 68 Title: RIGHT OF PRIVACY Proposition: Shall article I of the Alaska Constitution be amended by adding a new section to read: RIGHT OF PRIVACY. The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
- See also: Article I, Alaska Constitution
The ballot measure added Section 22 to Article I of the Alaska Constitution. The following underlined text was added:
Path to the ballot
- See also: Amending the Alaska Constitution
A two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session to refer a constitutional amendment to the ballot. That amounts to a minimum of 27 votes in the Alaska House of Representatives and 14 votes in the Alaska State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
Footnotes
- ↑ Alaska Supreme Court, Valley Hospital Association v. Mat-Su Coalition for Choice, November 21, 1997
- ↑ Alaska Public Media, "What happens if Roe v. Wade goes? In Alaska, ‘nothing’," September 10, 2018
- ↑ Note: This text is quoted verbatim from the original source.
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State of Alaska Juneau (capital) |
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