Proposed ballot measure that advocates killing gays puts California attorney general in bind

[Solutions]

SAN FRANCISCO – A California lawyer with an idea that has been
called offensive, outrageous, reprehensible and illegal is
putting the century-old process that gives citizens the right to
make laws at the ballot box to its latest test.

The state attorney general, Kamala Harris, took the unusual step
on Wednesday of asking a court in Sacramento for permission to
reject a proposed ballot initiative stating that anyone who
engages in sex with a person of the same gender would be killed
"by bullets to the head or by any other convenient method."

Although the so-called Sodomite Suppression Act would
undoubtedly be struck down as unconstitutional in the unlikely
event it passed, Harris said that unless a judge ruled
otherwise, she would have no choice but to give its sponsor the
go-ahead to gather the nearly 366,000 votes needed to qualify it
for the November 2016 ballot.

"Even the public circulation of such an intentionally targeted
and divisive measure, as though doing so were some ordinary
aspect of the democratic process, would pervert that process in
a way that could easily open permanent rifts in the community,"
her office wrote in seeking judicial relief from its duty to
prepare the proposal's official title and summary.

Harris' action followed weeks of mounting alarm and anger over
the initiative, which also would make the distribution of gay
"propaganda" an offense punishable by a $1 million fine or
banishment from the state, and her lack of authority to quash
it. A Democratic state senator, Ricardo Lara, has asked the
California bar to investigate whether its backer, Orange County
lawyer Matthew McLaughlin, is fit to practice law.

McLaughlin did not respond to a telephone call seeking comment
on Wednesday and has not spoken publicly about the proposal
since he paid $200 to file the ballot language last month.

California is one of 21 states where citizens can petition to
have laws put on the ballot through the gathering of voter
signatures. Under California's initiative process, state
officials do not have authority to refuse to administer
initiatives they find objectionable, the California Supreme
Court has ruled.

Although few of the dozens submitted to the attorney general
each year make it on the ballot, the ease with which residents
with pet peeves can gain clearance to circulate their proposals
while seeking signatures has prompted calls for reform.

University of California, Davis law professor Floyd Feeney said
he wasn't sure a court would agree to halt McLaughlin's measure
at this stage despite its obvious legal deficiencies.

"The courts, rightly or wrongly, treat the initiative as sort of
the citizen right, and they are reluctant to get involved in
trying to get rid of it, at least in advance, by using the law
to keep something from being presented to the electorate,"
Feeney said.

On Wednesday, a Southern California real estate agent, Charlotte
Laws, countered the Sodomite Suppression Act with an initiative
of her own. Titled the Intolerant Jackass Act, it would require
anyone who proposes an initiative calling for the killing of
gays and lesbians to attend sensitivity training and make a
$5,000 donation to a pro-LGBT group.

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