BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        ACR 67|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  ACR 67
          Author:   Mullin (D), Bonta (D), Chiu (D), Thurmond (D), and  
                    Ting (D), et al.
          Amended:  6/22/15 in Assembly
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 7/14/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  77-0, 6/22/15 - See last page for vote

           SUBJECT:   Ballot measures


          SOURCE:    Author

          DIGEST:   This resolution provides 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 resolution  
          calls upon the residents of the State of California to reject  
          bigotry and hate speech.  

          ANALYSIS: 
          
          Existing law: 

            1)  Provides, under the U.S. Constitution, that Congress shall  
              make no law abridging the freedom of speech, or of the  
              press, or the right of the people peaceably to assemble, and  
              to petition the government for a redress of grievances. 








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            2)  Provides, under the California Constitution, for the right  
              of every person to freely speak, write and publish his or  
              her sentiments on all subjects, being responsible for the  
              abuse of this right.  Existing law further provides that a  
              law may not restrain or abridge liberty of speech or press.   


            3)  Provides, under the U.S. Constitution, that no state shall  
              make or enforce any law which shall abridge the privileges  
              or immunities of citizens of the United States; nor shall  
              any state deprive any person of life, liberty, or property,  
              without due process of law; nor deny to any person within  
              its jurisdiction the equal protection of the laws. 

            4)  Provides, under the California Constitution, that all  
              people are by nature free and independent and have  
              inalienable rights. Among these are enjoying and defending  
              life and liberty, acquiring, possessing, and protecting  
              property, and pursuing and obtaining safety, happiness, and  
              privacy.  

            5)  Provides, under the California Constitution, that the  
              initiative is the power of the electors to propose statutes  
              and amendments to the Constitution and to adopt or reject  
              them.  Existing law further provides that an initiative  
              measure may be proposed by presenting to the Secretary of  
              State a petition that sets forth the text of the proposed  
              statute or amendment to the Constitution and is certified to  
              have been signed by electors equal in number to give percent  
              in the case of a statute, and 8% in the case of an amendment  
              to the Constitution, of the votes for all candidates for  
              Governor at the last gubernatorial election.  Existing law  
              requires that the Secretary of State then submit the measure  
              at the next general election held at least 131 days after it  
              qualifies or at any special statewide election held prior to  
              that general election, and authorizes the Governor to call a  
              special statewide election for the measure.  

          This resolution states that: 

            1)  The Legislature affirms the right of free speech, no  
              matter how abhorrent; 








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            2)  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; 

            3)  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; 

            4)  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;"  


            5)  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; 

            6)  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; 

            7)  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; 

            8)  The proposed ballot measure is reminiscent of actions  
              inflicted on innocent persons under various oppressive  
              regimes throughout history; 

            9)  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; 







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            10) 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; 

            11) The Legislature has an affirmative duty to prevent  
              injustices by protecting innocent people; 

            12) 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;" 

            13) 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

            14) 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. 

          This resolution provides 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 resolution calls upon the  
          residents of the State of California to reject bigotry and hate  
          speech.  

          Background
          
          Notably, California prohibits, under numerous laws such as the  
          Fair Employment and Housing Act or the Unruh Civil Rights Act,  
          discrimination against a person on the basis of characteristics  
          such as race, religion, color, national origin, disability, sex,  
          gender, gender identity, gender expression, age, and sexual  
          orientation.  Other California laws, such as the Ralph Civil  
          Rights Act, prohibit any act of violence, or intimidation by  







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          threat of violence, committed against a person or the person's  
          property because of such characteristics, and otherwise punishes  
          as a "hate crime" under the Penal Code criminal acts committed,  
          in whole or in part, because of specified characteristics  
          (including sexual orientation) of a victim, whether they are  
          actual or perceived.  Similarly, the California Penal Code  
          further prohibits any person, whether or not acting under color  
          of law, from, by force or threat of force, willfully injuring,  
          intimidating, interfering with, oppressing, or threatening any  
          other person in the free exercise or enjoyment of any right or  
          privilege secured to him or her by the Constitution or laws of  
          this state or of the United States in whole or in part because  
          of one or more of the actual or perceived characteristics of the  
          victim listed under law-once again, including sexual  
          orientation.   (See e.g. Gov. Code Secs. 11135, 12900 et seq.;  
          Civ. Code Secs. 51, 51.7; Pen. Code Sec. 422.55, 422.6.)   
          Additionally, both the federal and state constitutions protect  
          the right of all people to enjoy life and liberty.  (See e.g.  
          U.S. Const., 14th Amend, Sec. 1; Cal. Const., art. I., Sec. 1.)   


          In February 2015, a lawyer from Southern California submitted a  
          ballot initiative entitled the "Sodomite Suppression Act" to the  
          Office of the Attorney General, to be placed on the next ballot,  
          calling for the death of any person who engages in sodomy in  
          this state.  The Act sought to amend the Penal Code to provide,  
          among other things: 

           The abominable crime against nature known as buggery, called  
            also sodomy, is a monstrous evil that Almighty God, giver of  
            freedom and liberty, commands us to suppress on pain of our  
            utter destruction even as he overthrew Sodom and Gomorrah.

           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.

           No person shall serve in any public office, nor serve in  
            public employment, nor enjoy any public benefit, who is a  
            sodomite or who espouses sodomistic propaganda or who belongs  







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            to any group that does.

           This law is effective immediately and 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.   (Sodomite Suppression  
            Act (Feb. 24, 2015)  
             
                                                                    Page  7


            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.   
            Furthermore, 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 uphold.   

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/15/15)


          Bay Area Municipal Elections Committee
          Berkeley City Councilmember
          East Bay Stonewall Democratic Club
          Equality California 
          Our Family Coalition
          San Mateo County Supervisor, District 1
          Santa Clara County Supervisor, Fourth District
          San Francisco Chamber of Commerce 
          Three individuals


          OPPOSITION:   (Verified7/15/15)


          One individual
           
           
          ASSEMBLY FLOOR:  77-0, 6/22/15
          AYES:  Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta,  
            Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  







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            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Atkins
          NO VOTE RECORDED:  Travis Allen, Dahle, Wood

          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          7/15/15 16:35:26


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