The Minnesota Supreme Court issued a ruling today against a ballot title drafted by Secretary of State Mark Ritchie and approved by Attorney General Lori Swanson. Ritchie’s title, “Limiting the Status of Marriage to Opposite Sex Couples,” differed from marriage amendment backers who wanted the title, “Recognition of Marriage Solely Between One Man and One Woman.”

Amendment backers won in a 4-2 decision by the court. At issue was a state statute that gives the Secretary of State the authorization to craft ballot titles. But, the court ruled, when the Legislature picks a title first, that’s the title that will be used.

The court wrote: “We conclude that when the Legislature has included a title for a ballot question in the bill proposing a constitutional amendment, the “appropriate title” the Secretary of State must provide for that ballot question is the title designated by the Legislature. As a result, the Secretary of State exceeded his authority under Minn. Stat. § 204D.15, subd. 1, when he provided titles for the ballot questions different from those passed by the Legislature.”

Justice Alan Page dissented:

Since 1919, the Legislature has delegated to the Secretary of State the responsibility for providing titles for ballot questions, subject to the approval of the Attorney General… In other words, in the court’s view any title the Legislature approves for a ballot question is appropriate, regardless of whether it accurately reflects the nature of either the ballot question or the proposed amendment itself. Under the court’s view a majority of the Legislature could propose a constitutional amendment to, say, reinstate prohibition, propose the ballot title “Eliminating the Personal Income Tax,” the Secretary of State would be obligated to put the Legislature’s title on the ballot, and under the standard the court announces today, this court could do nothing to prevent it. That is a result I cannot countenance.

Justice Paul Anderson agreed with Page’s dissent:

Here, the Secretary of State has performed the duty imposed upon him by the Legislature. He has provided titles for the Legislature’s proposed constitutional amendments, which titles have been approved by the Attorney General. While it is possible to quibble about the language used by the Secretary of State in his titles, neither the majority nor I conclude that his titles are not “appropriate.” Therefore, after concluding that the law as embodied in section 204D.15, subdivision 1 is valid and must be followed, I would hold that the titles provided by the Secretary of State must appear on the November 6, 2012 general election ballot.

All four judges that voted with the majority — and overturned Ritchie’s title — were appointed by Tim Pawlenty. Justice Page is the only directly elected justice on the court, and Justice Paul Anderson was appointed by Gov. Arne Carlson.

Justice Wilhelmina Wright was appointed to the court by Gov. Mark Dayton last week and did not participate in the decision.