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‘Death Penalty For Gays’ Ballot Initiative May Be Allowed To Proceed Under California Law
by Brandon Mercer
SACRAMENTO (CBS SF) — A ballot proposal criminalizing sodomy and allowing the death penal- ty for anyone who
“touches another person of the same gender for purposes of sexual grati- fication” is moving for- ward because constitu- tionally, there is really no way to stop it, despite
the neo-Nazi nature of the proposed law.
Huntington Beach attor- ney Matt McLaughlin filed papers to begin gathering signatures for
the ballot measure, the “Sodomite Suppression Act” on February 26th. In California’s “direct democracy” any citizen can follow procedures to propose just about any law. That doesn’t mean that any law could pass, and even if passed, it doesn’t mean that any law could actually go into effect. Even laws passed by a majority of California voters may been overturned by judi- cial review, as was the case in the Prop. 8 gay marriage debate.
This latest initiative is creating news not because of what it would do if passed but because of the fact that it, so far, cannot be stopped at this stage.
Along with the required $200 fee, McLaughlin’s letter asking for certifica- tion of his initative, sent
to the coordinator for Attorney General Kamala Harris, includes some bizarre language: “The abominable crime against nature known as buggery, called also sodomy, is a monstrous evil that Almighty God, giver of freedom and lib- erty, commands us to suppress on pain of our utter destruction even as he overthrew Sodom and Gomorrha.”
McLaughlin’s ballot pro- posal continues, stating, “...the People of California wisely com- mand, in the fear of God, that any person who will- ingly touches another person of the same gen- der for purposes of sexu- al gratification be put to death by bullets to the head or by any other convenient method.” Harris’ office may actual-
ly be legally required to write a title and summary of the legislation, allow- ing signature gatherers to stand in front of shop- ping malls and grocery stores inviting patrons to sign a petition to put a death sentence for gays on the statewide ballot. The Sacramento Bee reports that the Legislature’s Lesbian, Gay, Bisexual and Transgender Caucus has now written a letter to the State Bar calling into question McLaughlin’s fitness to practice law.
A petition to take away his law license already has over 6,000 signers. Lieutenant Governor Gavin Newsom has expressed outrage over the lawyer’s use of the initiative process, includ- ing these tweets.
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