News

Understanding the measures on the June election ballot

By Scott Wagar

05/29/2012

Editorial Note: The Bottineau Courant continues its second part of a two part series on the measures which will appear on the June 12 ballot. This week, the newspaper looks at Measure 3 and 4.

When voters go to the polls on June 12 they will have the opportunity to vote on Measure 3 and 4, which deal with religious freedom and the University of North Dakota’s “Fighting Sioux” nickname.

MEASURE 3:

According to Ballotpedia, Measure 3 is an amendment measure to the North Dakota Constitution concerning religious freedom. The measure deals with individuals’ rights to religious beliefs and how they may not be burdened by the government unless the government proves it has a “compelling interest” in controlling behavior.

Supporters of the Measure 3 are stating that the current constitution is impeding on their religious rights and beliefs that are granted to them by the First Amendment.

Opponents of the amendment state that Measure 3 will allow individuals in their religious beliefs to conduct such illegal acts as domestic violence, child abuse, polygamy and honor killings all in the name of their religious beliefs. By passing the amendment, opponents believe that religious denominations will use the new amendment to protect their rights to conduct these acts, which could lead to harming individuals or killing them.    
The opposition also states the measure would cause a large number of litigation cases, which would cost the taxpayers of North Dakota a great amount of money.

Individuals who oppose the measure added that the First Amendment already protects religious freedom and the constitution doesn’t need to be amended. The Fargo Forum, recently, pointed out in an article from Wikipedia which presents the 1879 Supreme Court case of Reynolds v. United States, where the court upheld a conviction of a Mormon in a polygamy case, stating that the court could not interfere with mere religious beliefs and opinions, but they had the right to interfere with religious practices.

A “Yes” vote means the voter approves the measure as it is stated in the ballot. A “No” vote means you reject the measure as it is stated in the ballot.

MEASURE 4

Measure 4 deals with the University of North Dakota’s “Fighting Sioux” nickname as a referendum in repealing Senate Bill 2370, which states that UND has to start the process of retiring the college’s nickname and logo.

According to Ballotpedia, the history behind Measure 4 originated when Spirit Lake Sioux tribe members filed a lawsuit against the NCAA to nullify the policy against the NCAA college members using American Indian nicknames for their athletic teams, which the NCAA agreed upon with the tribe.

Supporters of the issue come from Spirit Lake Sioux tribe members who support the nickname. These tribe members are stating that the NCAA ruling allows some colleges to keep their American Indian nickname if they receive permission from the tribes they wish to have their colleges’ represent. In North Dakota, the majority of the Spirit Lake Sioux tribe supports UND’s nickname, but Standing Rock Sioux tribe does not.

The opponents, who include UND’s administration and former Lt. Gov. Lloyd Omdahl, say they oppose Measure 4 because it will cost the a great deal of money for both sides fighting the issue; it places UND in a precarious situation where they will have to spend a good deal of time and effort with the measure when they should be focusing on educating their students; and it would hurt the college athletic teams under NCAA’s rulings on the issue.  

In early May, Forum Communications polled 500 state voters on Measure 4 and found that 56 percent of the voters would vote to retire the “Fighting Sioux” nickname, while 44 percent said they would support the measure. (The survey margin was +/-4.3 percent)

A “Yes” vote on Measure 4 means a vote for UND to drop the nickname. A “No” vote will keep the nickname.