Lawsuit Challenges Louisiana Governor’s Attempt to Rewrite State Constitution


Louisiana State Capitol
Image by Gretta Blankenship from Pixabay

A legal battle has erupted in Louisiana politics and law as two teachers and a pastor have filed a lawsuit against state officials over a sweeping constitutional amendment set to appear on the March 29, 2025, ballot. The lawsuit alleges that the amendment, introduced during a special tax session in November 2024 and known as House Bill 7 (HB7), is being presented to voters in a misleading and unconstitutional manner.

The legal action challenges Governor Jeff Landry’s efforts to alter the state’s constitution, which has remained largely intact since its drafting in the 1970s. Landry had previously attempted to convene a constitutional convention in 2024, but the effort was blocked by members of his own party. In response, he called a special legislative session, during which lawmakers hastily passed HB7, a more than 100-page amendment that proposes broad and disjointed changes to Article VII of the Louisiana Constitution.

Controversial Changes Packed Into One Ballot Question

The proposed amendment consolidates multiple constitutional changes into a single ballot measure, making it difficult for voters to understand the full scope of its impact. Among the most controversial provisions in HB7 are:

  • Narrowing constitutional protections for religious and union-owned properties.
  • Restricting local control over sales taxes, limiting municipalities ability to manage revenue.
  • Eliminating multiple education trust funds, including programs supporting early childcare, STEM initiatives, and dyslexia training.
  • Defunding a program that supports infant mortality prevention efforts.
  • Changing gendered pronouns throughout the constitution, replacing husband or wife with spouse.
  • Potentially increasing taxes on take-out food, altering the constitutional protection that currently limits state sales taxes on food for home consumption.
  • Removing constitutional authorization for farmer’s and fishermen’s assistance programs, which have long provided financial support to Louisiana politics or law agricultural and seafood industries.

These significant changes will appear before voters as a single-sentence question on the March ballot, a move the plaintiffs claim is unconstitutional and deceptive.

Allegations of Misleading Ballot Language

The lawsuit, filed in the Nineteenth Judicial District Court of East Baton Rouge, argues that the ballot language used to describe HB7 violates Louisiana election laws, which mandate that ballot measures be presented in simple, unbiased, concise, and easily understood terms. Instead, the plaintiffs claim the ballot language actively misrepresents the amendment’s true effects.

One of the key points raised in the lawsuit is that the ballot summary suggests it retains the exemption for religious organizations, when in reality, it significantly narrows the tax exemption for religious properties. Under the proposed amendment, only properties used exclusively for worship would be exempt from taxation, meaning churches that operate fellowship halls or community spaces could lose their tax-exempt status.

Another misleading claim, according to the plaintiffs, is the assertion that HB7 provides a permanent teacher salary increase. The lawsuit argues that the amendment does not guarantee any actual raise for teachers but merely extends an existing stipend tied to a complex funding structure. In some cases, the plaintiffs claim, certain teachers may even see reductions in their compensation.

The lawsuit also accuses the amendment of omitting critical information that could influence voter opinion. Nowhere in the ballot language, for example, does it mention that HB7 would dismantle the state’s education trust funds, directly impacting more than 26,000 students across Louisiana by cutting programs focused on literacy, STEM education, and early childhood development.

A Lawsuit to Protect Transparency in Democracy

The plaintiff  Reverend Willie Calhoun, Jr., a pastor in New Orleans; Jacob Newsom, a high school teacher from Ascension Parish; and Amy Hession, an educator with 20 years of experience are represented by Most & Associates, a law firm specializing in civil rights and government accountability.

Attorney William Most, who is leading the case, argues that the lawsuit is about more than just this one amendment. Democracy only works if state officials are transparent with voters about what they are being asked to vote on. This proposed amendment flunks the basic honesty test, Most said in a statement.

The lawsuit seeks to have the court declare the ballot language unlawful and issue an injunction preventing HB7 from appearing on the March ballot in its current form.

With early voting set to begin in a few weeks, the case has the potential to upend Governor Landry’s aggressive push to reshape Louisiana’s constitution. If successful, the lawsuit could force state officials to revise the ballot measure or scrap it altogether, marking a significant setback for Landry’s administration.

What’s Next?

The case is now in the hands of the Louisiana judiciary, which will determine whether HB7’s ballot language is legally permissible. If the court rules in favor of the plaintiffs, it could mean a major delay or revision to the amendment before it reaches voters.

As the legal battle unfolds, the debate over HB7 is likely to intensify. Critics argue that the amendment is an attempt to push through sweeping policy changes under the guise of tax reform, while supporters claim it is necessary to modernize Louisiana politics or law outdated financial policies. Either way, the outcome of this lawsuit could have long-lasting implications for the state’s governance and political landscape.

For now, Louisiana voters will be watching closely as the fight over their state’s constitution plays out in court.

Evangeline
Author: Evangeline

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