Restrictions on Pro-Life Advocacy during Elections Ruled Unconstitutional

Restrictions on pro-life groups using their funds for pro-life advocacy purposes during elections are unconstitutional says a ruling from the 10th US Circuit Court of Appeals.

The Denver court upheld a lower court ruling Tuesday that said Colorado Right to Life Committee (CRLC) was exempt from a state constitutional amendment, because it's not a business corporation. The three-judge panel ruled unanimously that CRLC's purpose is to promote respect for human life, not to elect or defeat political candidates and therefore the amendment's provisions did not apply.

Court documents say that CRLC argued that Article 27 "contained provisions that interfered with its traditional communications and activities and, thereby, violated its First and Fourteenth Amendment rights under the United States Constitution."

Article 27 bans direct corporate campaign contributions and limits contributions from political action committees. CRLC and the Colorado Citizens for Responsible Government had filed suit in federal court in August 2003, challenging the amendment saying that it is unconstitutional because it attempts to restrict advocacy based on legitimate issues during elections.

The court found that "CRLC meets Supreme Court-approved exemption requirements for a voluntary ideological corporation that seeks to engage in political speech," and that Article 27's "definition of a political committee is unconstitutional," in the case of CRLC because it failed to take into account the overall purpose of the organization.

The ruling could have larger implications for pro-life groups in the US who are usually classified as non-profit organizations for tax purposes and are subject to various restrictions on political activity.