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Judi Lynn

(160,684 posts)
Tue Jun 23, 2015, 05:49 PM Jun 2015

California judge agrees to dismiss kill-gays ballot measure

Source: Associated Press

California judge agrees to dismiss kill-gays ballot measure
By LISA LEFF, Associated Press | June 23, 2015 | Updated: June 23, 2015 4:10pm

SAN FRANCISCO (AP) — A judge has relieved California's attorney general of the duty to process a proposed ballot initiative that advocated killing anyone who engages in gay sex.

Sacramento County Superior Court Judge Raymond Cadei ruled late Monday that the so-called Sodomite Suppression Act was patently unconstitutional. Cadei said it would be "inappropriate, waste public resources, generate unnecessary divisions among the public, and tend to mislead the electorate" for Attorney General Kamala Harris to clear the measure for signature-gathering.

Harris had asked for a judge's permission in March to reject the initiative through a legal complaint against its sponsor, Orange County lawyer Matthew McLaughlin. After McLaughlin did not attempt to defend the measure in court, the attorney general last week sought a default ruling in her favor, a request Cadei granted.

"This proposed act is the product of bigotry, seeks to promote violence, is patently unconstitutional and has no place in a civil society. I applaud the court's decision to block its title and summary," Harris said in a statement.


Read more: http://www.chron.com/news/us/article/California-judge-agrees-to-dismiss-kill-gays-6344780.php

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California judge agrees to dismiss kill-gays ballot measure (Original Post) Judi Lynn Jun 2015 OP
Good ole liberal, tolerant California. randys1 Jun 2015 #1
This is great news Gothmog Jun 2015 #2
But I've been told at DU several times that ballot initiatives are all freedomy... onehandle Jun 2015 #3
Even the blatantly unconstitutional ones? Throd Jun 2015 #7
Don't believe everything you are told on DU :) patricia92243 Jun 2015 #10
Well I had a fantasy of seeing all the signatures becoming part of public record. Nobel_Twaddle_III Jun 2015 #14
bravo allan01 Jun 2015 #4
This is good news. Agnosticsherbet Jun 2015 #5
I seriously doubt you would have seen too many such ads Jack Rabbit Jun 2015 #6
Agreed rpannier Jun 2015 #8
It appears you have more faith in humanity than I. Agnosticsherbet Jun 2015 #11
Can we now have a ballott initiative to disbar Mr. McLaughlin? cosmicone Jun 2015 #9
I don't see the point of it Jack Rabbit Jun 2015 #12
He needs a necklace The Green Manalishi Jun 2015 #17
WTF????? nt 7962 Jun 2015 #13
Good. LoisB Jun 2015 #15
This message was self-deleted by its author wolfie001 Jun 2015 #16
Good news! 47of74 Jun 2015 #18
The waste of public resources may have just been the point davidpdx Jun 2015 #19
This is interference so that they can raise the filing fee from $200 to $8,000 dogknob Jun 2015 #20
Reuters: California can refuse anti-gay ballot initiative, judge rules Judi Lynn Jun 2015 #21

onehandle

(51,122 posts)
3. But I've been told at DU several times that ballot initiatives are all freedomy...
Tue Jun 23, 2015, 06:16 PM
Jun 2015

...and that they should be allowed without question.

Nobel_Twaddle_III

(323 posts)
14. Well I had a fantasy of seeing all the signatures becoming part of public record.
Tue Jun 23, 2015, 09:06 PM
Jun 2015

WA had a court case about that (making all the signatures public) but I do not remember how that came out.

Agnosticsherbet

(11,619 posts)
5. This is good news.
Tue Jun 23, 2015, 06:19 PM
Jun 2015

I did not look foreward to see ads funded by various righ wing religious groups. Attorney General Kamala Harris did he right thing.

Jack Rabbit

(45,984 posts)
6. I seriously doubt you would have seen too many such ads
Tue Jun 23, 2015, 06:39 PM
Jun 2015

This wasn't just another effort to define marriage in a way that excluded same-sex marriage, after all.

It's hard to imagine even the usual suspects in the organized hate community, vile as they are, getting behind this. Mr. McLaughlin must be a very, very sick man.

rpannier

(24,350 posts)
8. Agreed
Tue Jun 23, 2015, 07:05 PM
Jun 2015

I would have been interested to see how they would have promoted this in advertising and which company would have been involved with making the pro ads.
The Catholic Church opposes the death penalty, so they wouldn't have gotten any support from that quarter
The LDS church is smart enough to not publicly (or privately) support a measure like this because it's toxic
Many within Republican circles have already said that it would likely have had a much worse affect on the party than their anti-Mexican crusade of the early 90's if they came out in support
It would have been left to the darkest fringe of California society. The Tom Metzger-types.

Agnosticsherbet

(11,619 posts)
11. It appears you have more faith in humanity than I.
Tue Jun 23, 2015, 07:16 PM
Jun 2015

Yes, by all accounts Mr. McLaughlin is a very sick man.

 

cosmicone

(11,014 posts)
9. Can we now have a ballott initiative to disbar Mr. McLaughlin?
Tue Jun 23, 2015, 07:06 PM
Jun 2015

He has obviously proven that he is unfit to be an officer of the court and uphold the laws of California.

Jack Rabbit

(45,984 posts)
12. I don't see the point of it
Tue Jun 23, 2015, 07:25 PM
Jun 2015

That's for the California Bar Association to consider. I believe they have declined to take action against him.

I believe I read somewhere where somebody wanted gather signatures to put on the ballot to issue to statement calling Mr. Mclaughlin an asshole (I believe that was the exact word). I think I'll decline to sign that. I don't need the state to tell me that Mr. McLaughlin is an asshole, and I don't think anybody else does, either.

Response to Judi Lynn (Original post)

davidpdx

(22,000 posts)
19. The waste of public resources may have just been the point
Wed Jun 24, 2015, 12:40 AM
Jun 2015

The guy knew it wasn't going to be upheld and didn't bother to show for court. I think he purposefully wasted public resources. Of course there's no real way to prove that.

dogknob

(2,431 posts)
20. This is interference so that they can raise the filing fee from $200 to $8,000
Wed Jun 24, 2015, 01:23 AM
Jun 2015

The douche didn't even defend it. He probably thought himself clever and "Swiftian" after remembering when he read half of the Cliff Notes to A Modest Proposal in high school.

Just another pinky-to-chin ploy to make participation in government a privilege for the privileged.

Judi Lynn

(160,684 posts)
21. Reuters: California can refuse anti-gay ballot initiative, judge rules
Wed Jun 24, 2015, 04:58 PM
Jun 2015

Tue Jun 23, 2015 7:13pm EDT
California can refuse anti-gay ballot initiative, judge rules

SACRAMENTO, Calif., June 23 | By Sharon Bernstein


The author of a proposed California ballot initiative advocating the murder of gays and lesbians should not be authorized to gather signatures to place it before voters, a judge in the state capital of Sacramento has ruled.

"The proposed initiative titled the "Sodomite Suppression Act" ... is patently unconstitutional on its face," Superior Court Judge Raymond Cadei wrote in an order released to the public on Tuesday.

California Attorney General Kamala Harris had filed a complaint against the author of the measure, which she called unconstitutional and bigoted.

She asked for permission to refuse to prepare a ballot title and summary for the measure, necessary precursors before its author could begin to gather signatures.

More:
http://www.reuters.com/article/2015/06/23/usa-california-anti-gay-idUSL1N0Z92NA20150623

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