DENVER -- Gov. Bill Owens, considering a request by Republican lawmakers, said Tuesday that he will call a special session if the Colorado Supreme Court does not reverse its decision and put on the November ballot an initiative that would deny most state services to illegal immigrants.

Owens urged the court to look at the appeals in an expiditious fashion and if they do not act in two weeks, he will call a special session. The governor asked the court to overturn its decision, but acknowledged there was little chance that would happen.

Attorney General John Suthers also said will ask the Colorado Supreme Court to reconsider its decision.

"Yesterday, our State Supreme Court ignored years of legal precedent and decided that the public should not have a say in one of the most important public policy debates of our time. In my opinion, the court's decision was inconsistent, it was inappropriate, and yes, I even believe it was arrogant," Owens said.

On Monday, the state Supreme Court disqualified the proposal, saying it addressed more than one topic, a violation of the state constitution.

"The majority of the Supreme Court has now determined that their opinion on the policy of this issue is more important than a vote by the citizens of Colorado. It's a tortured opinon that conflicts with the plain meaning of our laws, and frankly, in my opinion, defies common sense," Owens said.

Suthers and Owens said the court previously had accepted a similar measure.

"In light of the Supreme Court's prior decisions regarding the single subject requirement and the simplicity of the proposed measure, we were very surprised by the court's decision," said Suthers, who has 14 days to file an appeal.

"The Supreme Court has a very narrow role in reviewing proposed initiatives. Under the single subject rule, the court must simply determine whether a proposed initiative is hiding purposes unrelated to its central theme. In this case, Initiative 55 is narrowly drafted and clearly encompasses only one subject -- prohibiting non-emergency government services to individuals who are unlawfully in the United States," Owens said.

The non-emergency services addressed in the proposal include Medicaid, welfare, driver's licenses, food stamps and in-state tuition. It would not stop the state from paying for federally mandated services such as public education or emergency medical care.

Reaction To Owens' Announcement

A group called Defend Colorado Now has been gathering petitions to put the proposed constitutional amendment -- Initiative 55 -- on the ballot.

They cannot start over with a new proposal to meet the court's objections because a key deadline has passed.

"Our nonpartisan grassroots campaign, with over 30,000 petition signers already, thanks Gov. Bill Owens for denouncing the Supreme Court decision as bad law, irresponsible and arrogant. It was all of that -- a shocking abuse of power," said John Andrews, president of Defend Colorado Now. "We call on legislators of both parties, if the court fails to act and a special session is convened, to pass a measure with the same effect as our initiative -- cutting off tax-paid services to illegal aliens except under emergency conditions or federal mandate ... It's time for Colorado to stop welcoming immigration lawbreakers, and time for our courts to stop bending the constitution."

The Colorado Grassroots Movement for Immigrant Justice said it was disappointed that in Owens' decision to challenge the Colorado Supreme Court.

"It is ironic that just weeks after the Legislature has ended, a session in which many issues and concerns related to undocumented immigration were debated and a session which has been called one of the most aggressive sessions on immigrant legislation in recent history, the governor would threaten a special session to debate the very same issues again. A special session that is simply unnecessary and not needed," said Fidel "Butch" Montoya, a member of Colorado Grassroots Movement for Immigrant Justice.

What Do Lawmakers Think?

House Minority Leader Mike May, R-Parker, who had requested a special session in a letter sent to Owens, said voters deserve a chance to weigh in on the issue.

"The state Supreme Court illegally denied access to the ballot on an issue I think enjoys overwhelming support. The question is access to the ballot. To have that taken away by the courts needs to be resolved," May said. "If the Supreme Court will not let the voice of the people be heard through the initiative process, we are compelled to act, as the elected representatives of the people, to allow their voices to be heard through the referendum process."

It would take a two-thirds vote in both houses, which are now controlled by Democrats, to get it on the ballot.

Republican lawmakers attacked the ruling as an attempt by activist judges to keep the issue off the ballot.

"The Colorado Supreme Court apparently elected itself the 101st legislator," said Rep. Cory Gardner, R-Yuma.

He accused the court of a "flip-flop" after approving nearly identical language two years ago. The justices have said their previous approval was based on a challenge alleging the proposal was misleading, but this year's challenge was on entirely different grounds.

May said said this was a chance for Democrats to prove their contention that illegal immigration was a major issue for them as well for Republicans.

"I would hope they would want to get on the record for the rights of citizens to vote," May said.

The top Democrat in the state Senate, Joan Fitz-Gerald of Golden, said no special session is needed because lawmakers dealt with illegal immigration during this year's regular session, passing laws that crack down on human smuggling and counterfeiting documents.

She said May was trying to make immigration a political issue in a pivotal election year, with control of the Legislature and the governor's office up for grabs. Owens cannot run again because of term limits.

"I think Mike May is engaging in political grandstanding," she said. "It's an opportunity for them to have their issue in the forefront instead of all the accomplishments we have made over the past few years."

May was joined by 17 other House Republicans in his letter to Owens.

Senate President Pro Tem Peter Groff, D-Denver, said the Legislature passed a number of bills cracking down on illegal immigration and there is no need to refer a new proposal to voters. Groff said Republicans tried to get their initiative on the ballot because they didn't have support for their measure in the Legislature.

"They should have run it through the Legislature in the first place," Groff said.

Experts said the illegal immigration issue will dominate political campaigns for the rest of the year -- no matter what happens.

Independent pollster Floyd Ciruli of Denver said the issue could help Republicans trying to win back the state House and Senate after losing control to Democrats for the first time in more than 40 years in 2004. He said it also could help Republicans hang on to the governor's office once Owens steps down.

Illegal immigration is a wedge issue that could bring more Republicans to the polls, Ciruli said.

"It could force Democrats into a vote that many of them wouldn't want to campaign on," he said.