Thursday, March 26, 2015

Sodomite Suppression Act - Is California lawyer subject to discipline for his proposal?

California lawyer Matthew McLaughlin has proposed an Initiative in California.  He seeks to place on the ballot the Sodomite Suppression Act. It provides, in part:
Penal Code section 39
a) The abominable crime against nature known as buggery, called also sodomy, is a monstrous evil that Almighty God, giver of freedom and liberty, commands us to suppress on pain of our utter destruction even as he overthrew Sodom and Gomorrha.
b) Seeing that it is better that offenders should die rather than that all of us should be killed by God's just wrath against us for the folly of tolerating-wickedness in our midst, the People of California wisely command, in the fear of God, that any person who willingly touches another person of the same gender for purposes of sexual gratification be put to death by bullets to the head or by any other convenient method. 
I don't see anything in the California Rules of Professional Conduct  to sanction such a preposterous effort.  But maybe the ABA's RPC 8.4 (d) Misconduct provides a hook:
Maintaining The Integrity Of The ProfessionRule 8.4 MisconductIt is professional misconduct for a lawyer to:(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;(d) engage in conduct that is prejudicial to the administration of justice;(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

1 comment:

  1. Well that should give the neo-cons wet dreams.