Attorney General Kamala Harris announced Wednesday that she’s seeking the California Supreme Court’s permission to refuse to prepare an official title and summary for a proposed ballot measure called the “Sodomite Suppression Act,” which would require the state to execute lesbian, gay, bisexual and transgender people.
Harris, who is running for the U.S. Senate next year, said it’s her “sworn duty to uphold the California and United States Constitutions and to protect the rights of all Californians.
“This proposal not only threatens public safety, it is patently unconstitutional, utterly reprehensible, and has no place in a civil society,” she said. “Today, I am filing an action for declaratory relief with the court seeking judicial authorization for relief from the duty to prepare and issue the title and summary for the ‘Sodomite Suppression Act.’ If the Court does not grant this relief, my office will be forced to issue a title and summary for a proposal that seeks to legalize discrimination and vigilantism.”
Alas, unlike those in many other states, California’s ballot initiative process doesn’t provide for pre-enactment constitutional review. But Harris is getting praise for trying to avoid enabling this odious idea – pitched by Huntington Beach attorney Matthew Gregory McLaughlin – from even being circulated as a petition for placement on next year’s ballot.
Assembly Speaker Toni Atkins – who one assumes would be on McLaughlin’s “hit list” – said Harris is right to ask the court to let the state turn away “an obviously unconstitutional and dangerous initiative proposal that actually promotes murder.
“The proposal represents either the depth of bigotry and hatred or the height of sick publicity stunts — either way it should not be dignified by becoming an official part of the process Californians have to amend the state Constitution,” said Atkins, D-San Diego. “Having discussed options with Attorney General Harris, I know how seriously she takes her responsibility to the law and how seriously she takes her responsibility to protect the public’s safety. I urge the court to grant the Attorney General’s request and prevent the state’s initiative process from being abused in this egregious manner.”
The Human Rights Campaign hailed the legal action, too.
“This disgusting, barbaric measure should be stopped in its tracks, and once again Attorney General Harris has demonstrated leadership in standing up for the rights and dignity of LGBT Californians,” HRC President Chad Griffin said. “It is our sincere hope that the Supreme Court of California gives her the authority to prevent it from advancing.”
Assemblyman Anthony Rendon, D-Lakewood, earlier Wednesday said McLaughlin’s proposed measure has inspired him to develop legislation to make signatures on ballot-measure petitions into public records.
“Voters must be informed when a petition they sign violates the United States Constitution,” said Rendon. “My proposal is simple: initiative signatures – particularly those that give permission to violate constitutional rights – shall be subject to the California Public Records Act.”
Even one of California’s most virulent anti-gay activists has shunned the proposed measure.
“This terrible ballot initiative doesn’t deserve any reporting, because advocating the killing of people who are not guilty of a contemporary capital crime, not guilty of threatening you with death yourself, and not pointing a rifle at you in war, is wrong in both the eyes of conservatives and liberals,” Randy Thomasson, president of SaveCalifornia.com, said Saturday.