CA Lawmaker Seeks Bar Review of Author 'Shoot Gays' Ballot Initiative Author

Kilian Melloy READ TIME: 3 MIN.

A gay state lawmaker is firing back against a proposed ballot initiative that seeks to shoot to death homosexuals, asking the State Bar of California to investigate the attorney behind the measure.

State Senator Ricardo Lara (D-Los Angeles) has called on the state bar to review attorney Matthew McLaughlin, who submitted the Sodomite Suppression Act to the state attorney general's office last week, to determine if he is in violation of the bar's "good moral character" clause that's required for bar membership.

McLaughlin, a conservative Orange County attorney, has been roundly criticized for the initiative, which most political observers say has no chance of getting the more than 350,000 qualified signatures for the 2016 ballot.

In his letter to state bar board President Craig Holden, Lara said he is "deeply disturbed" that a member of the bar would "promote such pitiful, evil, and hateful statements in his proposed initiative."

McLaughlin's initiative calls for LGBT people to be "put to death by bullets to the head." The proposal also calls for imprisonment of people who support LGBTs, and that they should be fined, exiled from the state, and barred from public office.

"I was shocked to hear that in 2015 we have an ill-intentioned measure that calls for killing gay people, just because of who they love," Lara told the Bay Area Reporter in a phone interview Monday, March 9. "It reminds me that while we've made great strides in LGBT equality, we still have so much work to do, even in a state as progressive as California."

Lara said that McLaughlin's measure isn't just offensive, but an actual violation of the California bar's code of conduct for attorneys.

"Qualification to become a licensed attorney not only includes educational requirements and an examination, but also requires demonstrated 'good moral character,'" Lara said. "The state bar's admissions rules on good moral character include that those seeking admission to the bar demonstrate respect and obedience for the law, and respect for the rights of others and the judicial process."

Rule 2-400 of the California Bar Association Code prohibits licensed practitioners from discriminating on the basis of sexual orientation when rendering legal services, Lara pointed out.

The senator also said that he would look into passing legislation barring discriminatory or hate speech-oriented measures from being allowed on future state ballots.

Lara's letter to Holden asked that McLaughlin's conduct be reviewed "to determine if, in the light of governing authorities, he continues to meet the standards required of membership in the State Bar of California."

"I will be inviting the California Legislative LGBT Caucus to join me in submitting a formal complaint and request for investigation," Lara wrote.

A state bar spokeswoman said the organization, of which attorneys practicing in California must be members, is aware of the controversy.

"The bar is aware of the public calls for Mr. McLaughlin's disbarment," spokeswoman Laura Ernde told the B.A.R . "The Office of Chief Trial Counsel takes them seriously. The bar cannot comment further since the complaint/investigation process is confidential by law."

Ernde stated that the bar's policy was to post public disciplinary charges against attorneys on its website after any findings are determined.

Equality California Executive Director Rick Zbur also blasted McLaughlin's proposal, calling it "grossly out of step with the attitudes and beliefs of the people of California."

"The proposed measure is not only insulting to people of faith, many of whom openly welcome and support the LGBT community, but it also highlights the need for LGBT people in the state to be protected against hate and bigotry," Zbur said in a statement.

Lara urged LGBT people to get involved against McLaughlin.

"Speak up, write letters to the bar president, spread the word and stay vigilant," Lara said.

McLaughlin did not respond to the B.A.R. 's voicemail requesting an interview.

The attorney general's office is reviewing the proposed initiative.


by Kilian Melloy , EDGE Staff Reporter

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.

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