NABR Animal Law §ection - Ballot Initiatives

Twenty-one states permit citizens to take issues directly to the voters through ballot initiatives. Ballot measures in states with direct initiative statutes allow animal rights advocates to bypass state legislatures or a governor opposed to their issues. In recent years, animal rights advocates have had some success in enacting new animal protection laws that state legislatures were unwilling to approve. Often, these initiatives are described in a way that appeals to a public that is not knowledgeable about the consequences should the proposal be enacted.

Many ballot initiatives sound good on the surface but have significant economic and public policy consequences. This certainly applies to many initiatives supported by animal rights advocates. As animal rights lawyer, David Wolfson put it: “... you could actually enact a statute that is crazy economically, but if enough people in the population agreed with it and went through the ballot process, you'd have the law passed.” (5th Annual Conference on Animals and the Law, 1999)

Animal rights advocates understand that as their movement gains in popularity and more people join animal rights organizations, the ability to bypass state legislatures through ballot initiatives offers a new weapon in their advocacy arsenal. A relatively small, but committed and passionate minority will often be able to secure more votes for a ballot initiative if the majority of voters are not interested or do not take the time to become more knowledgeable about the issues under consideration.

To date, NABR is not aware of any ballot initiatives that have been offered which would directly affect biomedical research. However, animal rights advocates are adopting a strategy of securing the easiest victories first, and then moving on to other, more difficult issues such as medical research. Below is a listing of several animal protection ballot initiatives approved in recent years and some that are expected to be on state ballots this year.

2004 | 2002 | 2000 | 1998

FEDERAL LEGISLATION

(current congressional session)
Bills Introduced
New Laws Enacted
Private Right of Action &
Standing under AWA

STATE ACTIVITIES

Animal Cruelty
Ownership v. Guardianship
Personhood for Animals
Pet Custody Disputes
Pet Trusts

Tort Law
Overview
Non-Economic Damages
Emotional Distress
Loss of Companionship
Primary Interests of a Chimp
Veterinarian Malpractice

Ballot Initiatives
Summary

EDUCATION

Dissection

Law Schools
Animal Law Courses
Student Groups

BAR ASSOCIATIONS

American Bar Association
State Bar Associations
Local/Regional Bar Associations

RESOURCES

News Articles
Law Review Articles
International Trends
Events
Quotes
Bibliography
Advocacy Links