In this lawsuit involving a challenge to whether a proposed initiative should be placed on the ballot, the ACLU of Colorado filed an amicus brief with the Colorado Supreme Court. The petitioners in the case challenged a proposed initiative that would amend the Colorado constitution to require that the state not "discriminate against, or grant preferential treatment to," certain classes of persons. In its amicus brief, the ACLU of Colorado argues that because the term "preferential treatment" is not defined in the statute and has no commonly accepted meaning, the initiative language is ambiguous and misleading to potential voters. By an evenly divided vote of 3-3, the Supreme Court approved the initiative to go to the voters as written.
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