South San Francisco, CA May 11, 2015
California State Assembly Members are hitting back at the Initiative being proposed by Matt McLaughlin of Huntington Beach as he seeks legislation that would make it legal to kill ‘any person who willingly touches another person of the same gender for purposes of sexual gratification’ and that the method of death be ‘by bullets to the head or by any other convenient method’.
Assembly Members Mullin, Bonta, Chiu, Thurmond, Ting, Low, Eggman and Levine have put together a concurrent resolution opposing McLaughlin’s attempt which currently has not been cleared to be put on the ballot.
Below is the text of McLaughlin’s initiative with the Assembly Member’s response following:
SODOMITE SUPPRESSION ACT
Penal Code section 39
- The abominable crime against nature known as buggery, called also sodomy, is amonstrous evil that Almighty God, giver of freedom and liberty, conunands us to suppress on pain of our utter destruction even as he overthrew Sodom and Gomorrha
- 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 conunand, 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 distribute, perform, or transmit sodomistic propaganda directly or indirectly by any means to any person under the age of Sodomistic propaganda is defined as anything aimed at creating an interest in or an acceptance of human sexual relations other than between a man and a woman. Every offender shall be fined $1 million per occurrence, and/or imprisoned up to 10 years, and/or expelled from the boundaries of the state of California for up to life.
- 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 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
f The state has an affirmative duty to defend and enforce this law as written, and every member of the public has standing to seek its enforcement and obtain reimbursement for all costs and attorney’s fees in so doing, and further, should the state persist in inaction over 1 year after due notice, the general public is empowered and deputized to execute all the provisions hereunder extra-judicially, immune from any charge and indemnified by the state against any and all liability.
- g) This law shall be known as “The Sodomite Suppression Act” and be numbered as section 39 in Title 3 of the Penal Code, pertaining to offences against the sovereignty of the The text shall be prominently posted in every public school classroom. All laws in conflict with this law are to that extent invalid.
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Eight Members of the California State Assembly Introduce Assembly Concurrent Resolution 67 Condemning the Sodomite Suppression Act Ballot Initiative
Mullin, Bonta, Chiu, Thurmond, Ting, Low, Eggman and Levine Measure Makes a Strong Statement
Sacramento – Today Assembly Speaker pro Tempore Kevin Mullin (D-San Mateo) along with Assembly Joint Co-Authors Rob Bonta (D-Oakland), David Chiu (D-San Francisco), Tony Thurmond (D-Richmond), Phil Ting (D- San Francisco), Assembly Principal Co-Author Evan Low (D-Campbell), and Assembly Co-Authors Susan Eggman (D-Stockton) and Marc Levine (D-San Rafael) introduced Assembly Concurrent Resolution 67 denouncing and objecting to the introduction of ballot initiatives that call for violence, harm and intimidation on another person due to that person’s sexual orientation or gender identity.
The action is significant in that the Legislature rarely takes a position on proposed citizen ballot measures. However, in the instance of the so-called “Sodomite Suppression Act,” the California State Assembly has determined that a formal, public statement denouncing an outrageous and obviously unconstitutional proposal was necessary.
California Attorney General, Kamala Harris, has asked the courts to prevent the ballot proposal from appearing on the ballot. That decision is still pending.
Here’s what each of the co-authors had to say about this importance of this resolution:
“While I am now and always will be an advocate for the First Amendment right of free speech, and in this case, the ballot initiative process, we simply cannot condone a ballot measure that promotes and legalizes murder of, or violence against any group, in this case members of the LGBT community,” Mullin said.
A long-time advocate of equality for all, Mullin added, “I had to take a stand on this issue. Many of my friends, colleagues and staff are affected by this abhorrent proposed initiative and I will not stand by while others seek to find ways to discriminate against them.”
“The bigotry and hatred that spawned the Sodomite Suppression Act have no place in California law. We went to the Supreme Court in defense of equality and prevailed, and I am extremely disappointed that a fellow attorney would submit such a hate-filled, violent, and repulsive proposal to the voters,” said Assemblymember Rob Bonta. “Measures like this one solely based on animus towards a class of individuals have no place in our society.”
“This proposed initiative is motivated by pure bigotry and is offensive to basic human decency,” said Assemblymember David Chiu (D-San Francisco). “As California’s elected representatives, we need to go on record against this repulsive proposal. I am proud to join my colleagues in making it absolutely clear that California stands united with our LGBT communities against hate.”
“I am shocked and disgusted at this attempt to craft public policy,” said Assemblymember Thurmond. “But more importantly, I am saddened that our voters will have to go to the polls and weigh in on any measure to legalize the murder and further castigation of individuals due to their sexual orientation. There is no place in this state or country for rhetoric like this and I fully expect that the voters of California will speak loudly in opposition to this initiative.”
“We should never legislate hate nor should we ever allow any community to be targeted, intimidated and suppressed,” said Assemblymember Phil Ting (D-San Francisco). “There is no place in our democracy to sanction the holocaust of any minority group entitled to equal rights.”
“I proudly join my colleagues in rejecting any policy that promotes immoral and illegal behavior against our citizens, especially those in the LGBT community. We live in California, the cradle of democracy, and should only be moving forward to advance the civil liberties of all people, not backwards to harm innocent lives,” added Assemblymember Low.
“We have worked hard to make California home to some of the strongest civil rights protections in the country. Though the vast majority of Californians will reject this proposition as patently unconstitutional and unconscionable, it nevertheless has forced itself on the public through a subversion of California’s direct democratic system,” said Assemblymember Susan Eggman (D-Stockton). “It may have little chance of passage, but that doesn’t make it merely an abstract. For many members of the LGBT community this is the life we live: One where we are always fighting those who would harm us for characteristics as immutable to ourselves as hair or eye color. And for young people who are finding themselves, and who are vulnerable to the hate in this proposition’s message, we will counter it with one of strength and reassurance: We will not stop working to ensure that you are safe and welcome here, as you are.”
“This resolution denounces hate,” said Assemblymember Marc Levine (D-San Rafael). “We can have no tolerance for use of the initiative process to spread such bigotry.”
Kevin Mullin represents the 22nd Assembly District and is the Speaker pro Tempore of the California State Assembly. He chairs the Select Committee on Biotechnology and serves on the following committees: Budget, Budget Subcommittee #4 on State Administration, Business and Professions, Elections and Redistricting, Housing and Community Development and Revenue and Taxation. The 22nd district includes the cities of Belmont, Brisbane, Burlingame, Foster City, Hillsborough, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, portions of South San Francisco and the San Mateo County Coastside communities of Montara and Moss Beach.