CALIFORNIA: AG Shoots Down Another Attempt By Gay Death Penalty Advocate

Yesterday California Attorney General Kamala Harris rejected another attempt to place the Sodomite Suppression Act on the 2016 ballot. This time Christian activist Matt McLaughlin tried a different angle.

In his first public comments since proposing the original “Sodomite Suppression Act” in February, Matt McLaughlin expressed outrage that Harris’ office, which is charged with preparing ballot measures, summarily dismissed his latest offering, the “Sodomite Suppression Mandate.” “What I’m proposing is not murder,” McLaughlin said in a telephone interview with The Sacramento Bee. “I’m proposing the laws as they’ve ever been. The Bible doesn’t change.” McLaughlin said he purposely didn’t defend his first ballot proposal, a statute law, when Harris asked a judge for permission to keep it from the ballot. He said he devised his second as a constitutional amendment, which he thought she would have to clear for signature gathering. McLaughlin said that for centuries, homosexuality was a crime, often punishable by death, but as gays and lesbians won legal and political battles for their rights, “I feel mine were attacked. I’m a Bible believer.” Christian supporters of gay rights have noted that Jesus never spoke about homosexuality.

McLaughlin says he is considering a lawsuit against Harris.

JMG reader Mike points us to what appears to be McLaughlin's blog. From the current top post:

Harris’ office wants to pretend that she doesn’t even have to consider the brand new initiative I filed – she unilaterally claims the right to apply the court’s default judgment regarding the “Sodomite Suppression Act” to the new “Sodomite Suppression Mandate” initiative proposal that was filed on June 24. Of course, that is blatantly dishonest. The first initiative only sought to change the Penal Code, but the second one seeks to amend the state’s constitution – that makes them radically different proposals. The dishonesty of this slippery lawyer Kamala Harris can be compared to her obtaining a default judgment to repossess your car, and then she brings it your front door and tries to use it to foreclose on your home.

This seems to be McLaughlin's 1988 yearbook photo.

CALIFORNIA: AG Kamala Harris Wins Battle Against Sodomite Suppression Act

Yesterday the California Assembly approved a resolution which denounces the Sodomite Suppression Act, the proposed 2016 ballot measure to have all gay people put to death. The Assembly's move is now moot as a Superior Court judge has approved Attorney General Kamala Harris' request to strike the measure before petition signature gathering can begin. The court's ruling comes despite the position taken by some legal experts who say ballot items cannot be challenged until after being approved by voters. In early May, Sodomite Suppression Act author Matt McLaughlin vowed to have a court force his item directly onto the ballot if he is not allowed to gather petition signatures.

RELATED: Still potentially on the 2016 California ballot is the Intolerant Jackass Act, which was green-lighted to begin collecting signatures earlier this month. The Intolerant Jackass Act was filed in response to McLaughlin's measure and would require him to attend LGBT sensitivity training. McLaughlin has reportedly demanded an apology from the author of the Jackass Act. Seriously.

Alma Mater Of Sodomite Suppression Act Author Declines To Condemn Referendum

Christian activist Matt McLaughlin, author of the Sodomite Suppression Act, graduated from law school at Virginia's George Mason University. Today the Washington Post published their reaction:

Emails to various members of the Mason community have informed us that Matthew McLaughlin, a 1998 graduate of this law school, has filed a ballot initiative in California where he has apparently lived for the past seventeen years. The effect of this initiative, if it were enacted by voters, would be to amend the state’s Constitution by enacting a bill of attainder (the “Sodomite Suppression Act”). Among other things, this act would impose the condition of outlawry on gay and lesbian people in California, thus withdrawing from them the protection of law and allowing them to be killed out of hand, by anyone at any time, with legal impunity.

Some correspondents have called upon the law school to repudiate this initiative – and Mr. McLaughlin. With respect, we must decline, as it is not the function of schools or other institutions to denounce things with which they have nothing to do. Law schools are not guarantors of the views or acts of their former students. No one ever suggested that Harvard Law School should repudiate the treason of Alger Hiss, or that the University of Puget Sound law school should disclaim murders committed by Ted Bundy. Responsibility for those crimes belongs to the criminals, not to the schools they attended. The same principle applies here. Mr. McLaughlin must answer for himself, and not we answer for him, concerning what he says or does. Of course individuals, speaking for themselves, remain free to express their own opinions if they so choose.

Another consideration contributes to the conclusion that we should stand to one side. Mr. McLaughlin’s filing suggests views that undeniably are out of keeping with the normal civilities of life. But so far as appears, they are also lawful and constitutionally protected expressions. Mr. McLaughlin has a right to say what he wants and to petition the government for redress of his grievances – and it is up to him to determine what aggrieves him. Other people have the same rights and are free to use them in a different way – including to criticize Mr. McLaughlin. And still others are free, for a variety of possible reasons, to refuse to be conscripted into a contretemps that has nothing to do with them.

There is real advantage, apart from the principles of constitutional law, in limiting how much one should discourage people from expressing even very revolting ideas if that is what is on their mind. Tolerance of this kind facilitates self-disclosure by those whose hearts are septic with senseless rage. So disclosed, respectable people can see who they are and simply avoid them. But if suppressed, they may nurture their loathing in afflicted silence, even as they continue to mingle freely in the world with less-stricken and unsuspecting souls.

Yesterday California Attorney General Kamala Harris filed a court request to quash the proposed ballot measure before it can proceed to the petition-gathering stage.

BREAKING: California AG Asks Court To Quash Gay Death Penalty Referendum

"As Attorney General of California, it is my 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. 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." - California Attorney General Kamala Harris, via press release.

CALIFORNIA: Activist Charlotte Laws Files "Jackass Initiative" Ballot Measure

In response to the proposed Sodomite Suppression Act, activist Charlotte Laws has filed her own California ballot measure titled the "Jackass Initiative."

Any person, herein known as an "Intolerant Jackass," who brings forth a ballot measure that suggests the killing of gays and/or lesbians, whether this measure is called the Sodomite Suppression Act or is known by some other name, shall be required to attend sensitivity training for at least three (3) hours per month for twelve (12) consecutive months. In addition, the offender or "Intolerant Jackass" must donate $5000 to a pro-gay or pro-lesbian organization.

Laws has been interviewed by Slate:

“I’m fighting fire with fire,” she told me. “The only way to counter [the Sodomite Suppression Act] is … to let people know that most people in California don’t agree with something as incendiary and hateful as what this one attorney proposed.” Laws recognizes the merit of having a content-neutral initiative system, but she believes “we have a very open-minded state and country. This is one guy, and there are millions of us who do not agree with this.” Laws, a former Los Angeles politician and community activist, has devoted the last few years to battling revenge porn, especially kingpin of the genre Hunter Moore. Her new campaign is much more lighthearted—and, of course, a bit quixotic.

According to her Wikipedia page, Laws is former two-term member of the Greater Valley Glen Council and is the first politician to run on the platform of representing all "beings" in her district, not merely humans. Yesterday she spoke about the Jackass Initiative on a California radio show.

Editoral Of The Day

From the editorial board of the Sacramento Bee:

Delusional causes are no strangers to California’s initiative process. Outlawing divorce, criminalizing campaign lies, mandating Christmas caroling for public school children — all of these have been tried. Right now, anyone with $200 can submit an idea to the attorney general, who then must draft a title and summary for the measure.

It’s an unnecessarily low first hurdle. Intended to cover the costs of analyzing and verifying petitions, the fee hasn’t changed since 1943. The idea has been to preserve access for ordinary Californians. But $200 today is the equivalent of $14.80 in 1943 dollars. No group with plans to affect 39 million people needs that kind of steep discount.

If lawmakers had done no more than insist on constant dollars, the fee would by now be about $2,700, which still is only about a third of the administrative cost of preparing a title and summary. The fee should be raised. Meanwhile, Californians should channel their outrage. McLaughlin still needs 365,880 signatures to get this hate crime on the ballot, so don’t sign.

Then, next November, take a step that no one will regret: Show up at the polls. These signature thresholds for initiatives are calculated according to turnout; the higher the participation, the harder it is for kooks and sociopaths to get traction. Maybe this “Sodomite Suppression Act” would have stayed where it belongs, in the realm of delusion, if more of us had voted last time.

Foreign Press Reports On Proposed Death Penalty For Homosexuality In California

It took the news that the Sodomite Suppression Act will go to the petition-gathering stage for the international press to sit up and take notice.

CALIFORNIA: Christian Activist Files Ballot Measure For Executing All Homosexuals

A Christian activist named Matt McLaughlin has filed a proposed ballot measure with the California Attorney General's office which would ask voters to approve the death penalty for homosexuality.  Wonkette has tried to identify McLaughlin:

The ballot initiative filing with the AG’s office offers little in the way of clues to McLaughlin’s identity, but there is an address that matches that of a lawyer by that name and address on avvo.com. When we looked the address up, it turned out to be a Mail Box Express store in Huntington Beach. Huh. That is definitely not a law office! In approximately four minutes of thorough searching, we also couldn’t come up with any legal cases involving a Matthew G. McLaughlin, and then we suddenly had to go read all of the think pieces about what color that dress was (#TeamGoldAndWhite), so we got distracted.

We DID get a hit on a Matt McLaughlin, lawyer, same Mail Box Express address, BOOM, who in 2004 submitted a citizen ballot initiative to give bibles to all public school kids in California, grades 1-12, because “great literature.” That initiative was way less crazy than the “sodomite” one (although still very crazy), and, as a Literate Person and also A English Major, we see the value of learning about how the Bible has impacted Western literature. More to the point, that initiative included an opt-out provision. However. Groups like the Anti-Defamation League and Americans United for Separation of Church and State were extremely suspicious, and McLaughlin didn’t collect the required number of signatures, so it didn’t go anywhere.

In order for the gay death penalty to be put to California voters, the backers of an initiative must pay the $200 filing fee (which has been done in this case) and then collect petition signatures equal to 5% of the total votes cast in the last gubernatorial election. Per the results of the 2014 election, McLaughlin must gather about 366K names. Below is opening text of his Sodomite Suppression Act.