Cite as 283 Ark. 463 (1984)
We are aware that overshadowing this particular proposed amendment are the rights of initiative and voting. We are keenly aware that all citizens of this state are being denied those rights by this opinion, even after the sponsors have been through a long and expensive process. However, in a case of this kind, the Constitution plainly places the responsibility on this court to see that the result of an election represents the objective judgment of the voters. The popular ballot title conveys a biased view of the merits of the proposal. It is plainly our duty to declare it misleading.
Petition granted.
HUBBELL, C.J., and HICKMAN, J., dissent.
Purtle, J., not participating.
WEBB HUBBELL, Chief Justice, dissenting. The only issue before us is whether Amendment 65's ballot title and popular name are (1) intelligible, (2) honest, and (3) impartial. Leigh v. Hall, 232 Ark. 558, 339 S.W.2d 104 (1960). The petitioner does not raise the constitutionality of the proposed amendment, so that issue cannot be considered.
The ballot title is an almost verbatim reproduction of the amendment and is not misleading. The popular name "Unborn Child Amendment" need not have the same detailed information as is required for the ballot title. Although many people oppose the use of the term "unborn child," since Roe v. Wade, 410 U.S. 113 (1973), the term is understood and widely used. Several of our surrounding states use "unborn child" in their abortion statutes and define unborn child as the entity from conception to birth. Mo. Rev. Stat. § 188.015; Okla. Stat. 6351-730. The popular name, although certainly used to provoke emotion, is intelligible.
We should always heistate to remove any initiated act from the ballot. Our function is to unify, not fracture, to set limits and define boundaries within which the political process can operate. We cannot ordain specific solutions to vexatious, divisive, and perhaps insoluble problems of
