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AG seeks court’s OK to nix gay execution measure

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.

Kamala Harris“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.

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Ballot measure proposes all LGBT people be shot

Insane, the work of a bigoted asshat, or a miserably failed attempt at satire? You decide.

Huntington Beach attorney Matthew Gregory McLaughlin last week submitted to the California Attorney General’s office a proposed ballot measure that would require the state to execute lesbian, gay, bisexual and transgender people.

Yes, you read that right.

“Seeing that it is better that offenders should die rather than that all of us should be killed by God’s just wrath against us for the folly of tolerating-wickedness in our midst, the People of California wisely command, in the fear of God, that any person who willingly touches another person of the same gender for purposes of sexual gratification be put to death by bullets to the head or by any other convenient method,” the proposed measure reads.

McLaughlin’s “Sodomite Suppression Act” also would make distribution of “sodomistic propaganda” – which McLaughlin defines as “anything aimed at creating interest in or acceptance of human sexual relations other than between a man and a woman” – punishable by a $1 million fine, up to 10 years in prison, and expulsion from California. And it would bar anyone “who is a sodomite, or who espouses sodomistic propaganda or who belongs to any group that does” from holding public office or receiving public benefits – though that seems redundant, since the measure would ensure such people already are dead or in prison.

Finally, the proposed measure specifies that it “shall not be rendered ineffective nor invalidated by any court, state or federal, until heard by a quorum of the Supreme Court of California consisting only of judges who are neither sodomites nor subject to disqualification hereunder.”

The “hereunder” is a nice touch, sort of gives it a ring of legalese. Never mind that almost every part of this measure is blatantly unconstitutional – and, very likely, utterly insane.

Remember, McLaughlin is an attorney: His State Bar of California record shows he earned an undergraduate degree from UC-Irvine and a law degree from George Mason University School of Law in Virginia – his professors must be SO proud – before being admitted to practice law in 1998.

Opponents have begun an online petition urging the State Bar to disbar McLaughlin.

“Advocating the murder of innocent citizens clearly demonstrates moral turpitude and abuse of the law,” the petition says. “It is disturbing and outrageous that a lawyer admitted to the California State Bar would disgrace the profession and the state. This immoral individual is unfit to practice law. He should be immediately be barred from practicing law in California.”

Meanwhile, the attorney general’s office has no choice but to take it seriously, and begin the process of developing a title and summary under which McLaughlin can circulate petitions to place this on next year’s ballot.

Your tax dollars will pay for the time and effort it takes to do this. Unlike those in some arguably wiser states, California’s ballot-measure process doesn’t include any review to determine whether an idea is constitutionally plausible before it hits the streets.

But oh, to be a fly on the wall as McLaughlin goes out asking people to sign his petitions. It should be quite a sight to see.