California is the home of the citizens' initiative ballot process, a process that's too easy to manipulate for evil, as is proven by a
ballot measure that calls for lesbians and gays to be "put to death by bullets to the head or any other convenient method." A gap in the law means that for $200, anyone can file a ballot measure and it has to be considered and put forward for signature gathering. Which also means that for just $200,
a counter proposal can be, and has been, filed.
Frustrated by the attorney general’s inability to combat McLaughlin’s proposal, Charlotte Laws has decided to fight back with some free speech of her own. On Monday morning, Laws plans to file the Intolerant Jackass Act, accompanied by the requisite $200, with the California attorney general. Laws' proposal cleverly mirrors and skewers the Sodomite Suppression Act, explaining that the "abominable crime known as prejudice against sexual orientation" is "a destructive view that society commands us to suppress." […]
"I'm fighting fire with fire," [Laws said]. "The only way to counter [the Sodomite Suppression Act] is … to let people know that most people in California don't agree with something as incendiary and hateful as what this one attorney proposed." Laws recognizes the merit of having a content-neutral initiative system, but she believes "we have a very open-minded state and country. This is one guy, and there are millions of us who do not agree with this."
Laws proposal would require that anyone who brings a "kill the gays" ballot initiative forward "shall be required to attend sensitivity training for at least three (3) hours per month for twelve (12) consecutive months," and "the offender or "Intolerant Jackass" must donate $5,000 to a pro-gay or pro-lesbian organization." Is it unconstitutional? Yes, just as unconstitutional as the kill the gays proposal. Which also serves to prove that California should do something about fixing its initiative process. Although how satisfying would it be to have the "Intolerant Jackass Act" in the penal code of at least one state?