BILL NUMBER: HR 38	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members Jones, Morrell, and Wagner)

                        AUGUST 16, 2012

   Relative to the First Amendment to the United States Constitution.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST



   WHEREAS, The First Amendment to the United States Constitution
provides, "Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or 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"; and
   WHEREAS, The free exercise of religion and freedom of speech are
guaranteed for all Americans by the First Amendment to the United
States Constitution; and
   WHEREAS, Thomas Jefferson wrote to the Reverend Samuel Miller on
January 23, 1808, "every one must act according to the dictates of
his own reason, & mine tells me that civil powers alone have been
given to the President of the U.S., and no authority to direct the
religious exercises of his constituents"; and
   WHEREAS, Franklin Roosevelt stated, "Where freedom of religion has
been attacked, the attack has come from sources opposed to
democracy. Where democracy has been overthrown, the spirit of free
worship has disappeared. And where religion and democracy have
vanished, good faith and reason in international affairs have given
way to strident ambition and brute force"; and
   WHEREAS, The fundamental principles of equality and ordered
liberty form the foundation of all the laws that govern us; and
   WHEREAS, Recently, local elected officials throughout the state
and country have unjustly called for the exclusion of certain
businesses within their cities due only to business owners exercising
their rights under the First Amendment to the United States
Constitution; and
   WHEREAS, This resolution recognizes our given freedoms without
endorsing any particular view but by simply supporting our right to
speak and believe freely without government persecution; and
   WHEREAS, For more than two centuries, the United States of America
continues to be the worldwide symbol of individual liberty and a
beacon of hope and opportunity for more than two centuries; and
   WHEREAS, Religion in the United States is defined by a great
adherence level and vibrant diversity in religious beliefs and
practices; and
   WHEREAS, The freedom to allow all faiths to flourish and the
protected liberty of religious conscience profoundly shapes America's
history and destiny as religious people fulfill their mission,
calling, and commitment to serve; and
   WHEREAS, Tolerance by the government toward people of faith is
constitutionally guaranteed and necessary to allow an unimpeded flow
of tolerance and ideas that positively impact and transform lives;
and
   WHEREAS, Constitutional protection from governmental
discrimination or coercion ensures a strong and vibrant democracy;
and
   WHEREAS, Firmly upholding the right of conscience and cherishing
the exercise of religious independence and expression of religious
belief as American foundations animate the freedom that belongs to
all, that we may live in liberty and happiness; now, therefore, be it

   Resolved by the Assembly of the State of California, That the
Assembly unequivocally condemns all forms of intolerance of religious
beliefs and expressing those beliefs; and be it further
   Resolved, That the Assembly recognizes the rights of the First
Amendment to the Constitution while promoting and protecting the
freedoms of speech and religion without government persecution; and
be it further
   Resolved, That these rights preclude exclusion from commerce based
upon the freedom of beliefs; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for distribution.