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Eastern Oklahoma Building & Construction Trades Council v. Pitts12/16/2003
iew of the ballot title reveals nothing about it that is either confusing or misleading. Indeed, the Council's argument that the ballot title was misleading seems to stem solely from its argument that the one subject rule was violated, an argument that we have rejected.
CONCLUSION
The due process and equal protection clauses of the Bill of Rights of the Oklahoma Constitution provide the same protections as those guaranteed by the 14th Amendment to the United States Constitution. Oklahoma Association for Equitable Taxation v. Oklahoma City, 1995 OK 62 12, 901 P.2d 800. Thus, the Council has no right to relief under the Oklahoma Constitution just as other unions making similar arguments were held by the U.S. Supreme Court to have no right to relief under the federal constitution. Lincoln Federal, 335 U.S. 525, 69 S.Ct. 251, 93 L.Ed. 212 (1949) and A.F. of L. v. American Sash & Door Co., 335 U.S. 538, 69 S.Ct. 258, 93 L.Ed. 222 (1949).
A constitutional amendment will prevail over provisions of the original instrument that are inconsistent with the amendment but if it appears that it was not the intent to alter or repeal a provision of the original Constitution, such provision remains in full force unaffected by the amendment. Adams, 1933 OK 646 at 24, 27 P.2d at 598; Initiative Petition No. 259, 1957 OK 167 23, 316 P.2d 139 at 144. The Council has presented nothing to convince us other than that "it was not the intent [of the people] to alter or repeal a provision of the original Constitution." Adams, 1933 OK 646 24, 27 P.2d at 599.
The right to work amendment is not a special law prohibited by Okla. Const., Art. 5, § 59. Article 5 applies to the "Legislative Department" and the sections under this head deal with legislation. We hold, therefore, that this provision does not apply to the right to work amendment, which was a constitutional amendment proposed by the legislature and approved by the people under Okla. Const. Art. 24, § 1.
The right to work amendment does not violate Okla. Const. Art. 24, § 1 because that section deals with proposed amendments to the Constitution. Here, the Council is attacking a provision of the Constitution, which is entitled to the presumption of validity and which we have an obligation to uphold if we can reasonably do so. Local 514, Transport Workers of America v. Keating, 2003 OK ___, ___ at 15-18; Adams, 1933 OK 646 at 24, 27 P.2d at 598. Similarly, a referendum approved by the people under the terms of Art. 24, § 1will not be declared unconstitutional after the fact because of claimed deficiencies in the ballot title. Further, our review of the ballot title reveals nothing about it that is either confusing or misleading.
JUDGMENT OF THE TRIAL COURT AFFIRMED
WATT, C.J., OPALA, V.C.J., HODGES, LAVENDER, HARGRAVE, KAUGER, SUMMERS, WINCHESTER, JJ. - concur.
BOUDREAU, J. - concurs in result.
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