1391. (09-0032, Amdt. #1S)
Creates Special Constitutional Rule for Speech Based on the Bible. Initiative Constitutional Amendment.
Summary Date: 11/18/09 Circulation Deadline: 04/19/10 Signatures Required: 694,354
Proponent: Allan Esses
Exempts speech based on biblical authority from existing constitutional and statutory restrictions applicable to all other speech, including restrictions against discrimination and hate crimes. Repeals constitutional provision denying protection to acts of religious expression inconsistent with the peace or safety of the State. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potentially minor increased costs to state and local governments to resolve legal issues pertaining to the effect of the measure. (09-0032.) (Full Text)

CALIFORNIA CONSTITUTION
ARTICLE I    DECLARATION OF RIGHTS

THE FREE EXERCISE OF RELIGION 0032

 Sec. 4. (a) Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion, or prohibiting the free exercise there of.

A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

(b)  We, the People of the State of California, grateful to Almighty God for our freedom, in order to perpetuate His blessings do submit that a person using any part of the Bible’s content as authority may freely speak, pray, write, discuss, publish, preach, teach, hear, share his or her faith, engage in street witnessing, distribute written material or otherwise communicate any views on salvation, heaven, or abortion, adultery, alcoholism,
anti-Semitism, astrology, bestiality, bigamy, bisexuality, blasphemy, civil unions, coarse jesting, cohabitation, coveting, cross-dressing, cults, drugs, drunkenness, extortion, euthanasia, evil, evolution, fornication, gay marriage, gender identity, hell, heresy, homosexuality, idolaters, idolatry, incest, lying, murder, necromancy, other religions, pornography, psychics, rape, reviling, sex, sexual immorality, sexual orientation, sodomy, sorcery, stealing, transgender, trans-sexuality, witchcraft, yoga, or sin at any public or private gatherings, school, church, or other place of worship, Bible Study group or sidewalk or in any communicative medium, the internet, satellite, television, film, theater, radio, videos, recording, newspapers, magazines, music, and periodicals or by means of a computer, telephone, cell phone or fax machine.
These provisions shall not be construed to authorize actions prohibited by Section 302, Section 602.11 and Section 11412 of the Penal Code.

1392. (09-0033, Amdt. #1S)
Creates Special Constitutional Rule for Speech Based on the Bible. Initiative Constitutional Amendment.
Summary Date: 11/18/09 Circulation Deadline: 04/19/10 Signatures Required: 694,354
Proponent: Allan Esses
Exempts speech based on biblical authority from existing constitutional and statutory restrictions applicable to all other speech, including restrictions against discrimination and hate crimes. Repeals constitutional provision denying protection to acts of religious expression inconsistent with the peace or safety of the State. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potentially minor increased costs to state and local governments to resolve legal issues pertaining to the effect of the measure. (09-0033.) (Full Text)

CALIFORNIA CONSTITUTION
ARTICLE I    DECLARATION OF RIGHTS

RELIGIOUS FREEDOM  0033
  
Sec. 4. (a) Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion, or prohibiting the free exercise there of.

A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

(b) We, the People of the State of California, grateful to Almighty God for our freedom, in order to perpetuate His blessings do submit that a person using any part of the Bible’s content as authority may freely speak, pray, write, discuss, publish, preach, teach, hear, share his or her faith, engage in street witnessing, distribute written material or otherwise communicate any views at any public or private gathering, school, church, or other place of worship, Bible Study group or sidewalk or in any communicative medium, the internet, satellite, television, film, theater, radio, videos, recording, newspapers, magazines, music, and periodicals or by means of a telephone, cell phone or fax machine.
These provisions shall not be construed to authorize actions prohibited by Section 302, Section 602.11 and Section 11412 of the Penal Code.