A California lawyer says he wants to legalize the execution of gay people, and there may be nothing the state’s attorney general can do to stop the proposal from moving forward.
Matt McLaughlin, an attorney in Huntington Beach, California, filed paperwork to bring his proposal, which would sanction the killing of gay and lesbian residents on the basis of their sexuality, before voters in November 2016.
Under his proposed law, people found guilty of spreading “sodomite propaganda” would be fined $1 million or see jail time.
Last week, a group of state lawmakers filed a complaint against the proponent. The legislature’s LGBT Caucus is asking the state bar to review McLaughlin’s membership for violating a “good moral character” clause.
But legal experts don’t see the state bar stepping in.
“I think that’s problematic under the First Amendment because he’s not acting as a lawyer when he’s submitting these proposals, he’s acting as a citizen,” said Vikram Amar, a professor of law at the University of California, Davis.
Amar added that he’s confident the proposal would not become law.
The State Attorney General’s Office said it’s reviewing the proposal. According to Amar, the attorney general would need to file a lawsuit to stop the proposal and get the courts to support her on grounds that the measure violates the Constitution.
If the attorney general’s office approves the proposal, more than 300,000 valid signatures would need to be collected on petitions before it would be placed on the ballot.
Anyone can file a prospective state ballot measure at a $200 fee, and the public has 30 days to respond before the attorney general publishes a summary of the measure, according to state rules.
In other developments, the ex-wife of Omar Mateen, who killed 50 people at a gay-club in Orlando, Florida on June 12, claimed Monday that she believed he was homosexual — as it was revealed that he frequented the gay nightclub where he staged the nation’s worst massacre in modern times.
She made the remarks on Brazilian TV and claimed “the FBI asked her not to tell this to the American media.”