California AG May Be Forced To Publish ‘Shoot The Gays’ Initiative

Well, the Matt McLaughlin Shoot the Gays incentive passed its first hurdle after it was clear that there was no legal authority for California Attorney General Kamala Harris not to put the measure up for circulation. As reported by SFGate, the authority of the AG is to title the initiative, and prepare a summary for circulation. There are no known measures to allow any Attorney General in California to not provide these, even when an initiative is clearly unconstitutional.

As former state Attorney General John Van de Kamp put it to SFGate, “We did not offer advance opinions on constitutionality.”

Instead, the constitutionality of any such initiative is handled by the state supreme court. This is assuming of course that the justices can locate some section of the measure which violates the constitution, such as the complete disregard for due process. If they do so, the entire incentive could be struck, but until such a time, the states AG office must proceed as normal.

The introduction of this incentive language has already prompted a call by a handful of politicians to the California Bar Association to look in to the law license of Matt McLaughlin. The California Bar’s requirements for legal professionals requires that they demonstrate “good moral character.” This measure of his, which calls for the complete disregard of the legal and human rights of others, could be considered to be a failure to demonstrate such.

Whatever the case, that someone would call for a Sharia-like arbitrary execution measure in this day and age is alarming. That it is someone who has as their day job upholding and respecting law and order is disconcerting. And that there are not avenues aside from a ponderous supreme court battle to prevent the wasting of effort on such a clearly unconstitutional measure tells us that the initiative mechanism in place in California is in dire need of some checks so as to balance it. After the fiasco of Proposition 8, and the millions spent arguing it, there needs to be a better way.

 

Cover Photo CC by silverstream48