California Free Exercise of Religion Amendment (2010)

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A Free Exercise of Religion Amendment did not qualify for the November 2, 2010 ballot in California as an initiated constitutional amendment.[1]

Allan Esses filed the ballot language for two similar proposed amendments:[2]

  • 09-0032, Amdt. #1S: The Free Exercise of Religion.
  • 09-0033, Amdt. #1S: Religious Freedom.

Both proposed amendments would have dictated 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") any views on any subjects that are informed by that person's interpretation of the Bible.[2]

The proposed amendments specifically mention a variety of subjects that California residents were to be free to discuss, and lists a variety of communicative mediums.[3][4]

Text of measure

09-0032

The Attorney General issued the following title, summary and statement of estimated fiscal impact for initiative 09-0032:[3]

Ballot title

Creates Special Constitutional Rule for Speech Based on the Bible. Initiative Constitutional Amendment.[5]

Official summary

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.[5]

Estimated fiscal impact

Potentially minor increased costs to state and local governments to resolve legal issues pertaining to the effect of the measure.[5]

09-0033

The Attorney General issued the following title, summary and statement of estimated fiscal impact for initiative 09-0033:[4]

Ballot title

Creates Special Constitutional Rule for Speech Based on the Bible. Initiative Constitutional Amendment.[5]

Official summary

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.[5]

Estimated fiscal impact

Potentially minor increased costs to state and local governments to resolve legal issues pertaining to the effect of the measure.[5]

Path to the ballot

See also: California signature requirements
  • 09-0032 was cleared for circulation with a signature deadline of April 19, 2010. 694,354 valid signatures were required. This requirement and deadline was not met.
  • 09-0033 was cleared for circulation with a signature deadline of April 19, 2010. 694,354 valid signatures were required. This requirement and deadline was not met.

External links

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References