California Legislature—2015–16 Regular Session

Assembly Concurrent Resolution No. 67

Introduced by Assembly Members Mullin, Bonta, Chiu, Thurmond, and Ting

(Principal coauthor: Assembly Member Low)

(Coauthors: Assembly Members Eggman and Levine)

May 11, 2015

Assembly Concurrent Resolution No. 67—Relative to ballot measures.

LEGISLATIVE COUNSEL’S DIGEST

ACR 67, as introduced, Mullin. Ballot measures.

This measure would provide that the Legislature stands in moral and legal objection to the ballot measure proposing to enact the Sodomite Suppression Act, and to any other ballot measure that seeks to inflict harm on innocent persons or diminish current civil rights protections. This measure also would provide that the Legislature calls upon the residents of the State of California to reject bigotry and hate speech.

Fiscal committee: no.

WHEREAS, The Legislature affirms the right of free speech,
no matter how abhorrent; and

WHEREAS, The Legislature objects to and denounces the
introduction of a ballot measure that calls for violence, harm, and
intimidation to be caused to another person due to that person’s
sexual orientation or gender identity; and

WHEREAS, A proposed ballot measure, which would enact the
Sodomite Suppression Act, was submitted to the Attorney General
for title and summary on February 26, 2015; and

WHEREAS, The Sodomite Suppression Act would require a
person to be put to death if he or she engages in specified conduct
with another person of the same gender; would make it a crime to
distribute, perform, or transmit “sodomistic propaganda,” as
defined; and would prohibit a person from serving in any public
office or in public employment, or from enjoying any public
benefit, if he or she is a “sodomite,” “espouses sodomistic
propaganda,” or “belongs to any group that does;” and

WHEREAS, Sexual orientation and gender identity, each a
protected class, are characteristics intrinsic to an individual, and
the proposed ballot measure seeks to inflict great bodily harm and
to intimidate individuals based on these innate characteristics; and

WHEREAS, The Legislature finds it abhorrent and repulsive
that a citizen of this state would seek to introduce a ballot initiative
that calls for the execution and intimidation of another based on
a personal characteristic, which is inherent and unchangeable; and

WHEREAS, The contents of the recently proposed ballot
measure are totally, completely, and wholly antithetical to the
principles of a civilized society for which this Legislature stands
and upholds; and

WHEREAS, The proposed ballot measure is reminiscent of
actions inflicted on innocent persons under various oppressive
regimes throughout history; and

WHEREAS, The lesbian, gay, bisexual, and transgender (LGBT)
community includes our colleagues, staff, daughters, sons, family,
friends, neighbors, and the constituents that we have the privilege
to serve; and

WHEREAS, In 1978, Ronald Reagan joined California voters
in opposing the Briggs Initiative that would have banned gays and
lesbians, and possibly anyone who supported gay rights, from
working in California’s public schools; and

WHEREAS, The Legislature has an affirmative duty to prevent
injustices by protecting innocent people; and

WHEREAS, Countless patriots have stood firm in the battle for
civil rights, most notably Dr. Martin Luther King Jr., who famously
wrote that “[i]njustice anywhere is a threat to justice everywhere;”
and

WHEREAS, This proposed ballot measure goes beyond
repealing civil rights of the LGBT community, including the right
to marry and the right to adopt regardless of sexual orientation or
gender identity, as it condones and legalizes murder, contrary to
established California law; and

WHEREAS, The Legislature rejects any policy, including the
policy of affording businesses the right to discriminate against the
LGBT community and the policy supporting the repugnant practice
of so-called “reparative therapy,” that seeks to punish individuals
who are innocent of any wrongdoing and simply for innate
characteristics; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature stands in moral and legal
objection to the ballot measure proposing to enact the Sodomite
Suppression Act, and to any other ballot measure that seeks to
inflict harm on innocent persons or diminish current civil rights
protections; and be it further

Resolved, That the Legislature calls upon the residents of the
State of California to reject bigotry and hate speech; and be it
further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the author for appropriate distribution.