November 3, 2009
		Pursuant to Elections Code Section 9005, we have 
		reviewed the proposed initiative related to the free exercise of 
		religion (A.G. File No. 09-0033, Amdt. #1-S).
		Background
		Federal Laws. The U.S. Constitution 
		prohibits the enactment of any law (1) in respect to an establishment of 
		religion, (2) that would prohibit the free exercise of religion, or (3) 
		restrict freedom of speech.
		State Laws. The State Constitution 
		guarantees free exercise and enjoyment of religion without 
		discrimination or preference and prohibits the Legislature from enacting 
		any law in respect to an establishment of religion. However, the State 
		Constitution specifies that this religious liberty does not excuse acts 
		that are licentious or inconsistent with the peace or safety of the 
		state. The State Constitution also provides that every person may freely 
		speak his or her sentiments on all subjects, but allows a person to be 
		held responsible for abuse of this right.   
		Existing 
		California statutes also contain several provisions that protect and 
		regulate the right to exercise religion and free speech. For example, 
		the state Penal Code specifies that it is a misdemeanor to disturb 
		places of worship with rude discourse (Section 302); makes it a 
		misdemeanor to prevent individuals from entering or exiting a health 
		care facility, place of worship, or school (Section 602.11); and makes 
		it a felony to use threats to attempt to cause a person to refrain from 
		exercising his or her religion (Section 11412).
		Local Ordinances.  Some local 
		governments have also adopted ordinances that regulate the exercise of 
		religion and free speech. For example, some local governments may 
		require that a property owner obtain a land-use permit in order to 
		conduct a religious assembly at a location within their jurisdiction. In 
		addition, local agencies sometimes require that individuals or groups 
		obtain a permit to conduct a public demonstration. 
		Proposal
		This measure would adopt several amendments to 
		the State Constitution regarding the free exercise of religion. In 
		particular, the measure would specify that a person "using any part of 
		the Bible's content as authority" may freely communicate his or her 
		views at any public or private gathering, school, or place of worship, 
		or in specified forms of communication (such as the radio or telephone). 
		The measure further specifies that these particular provisions shall not 
		be construed to conflict with Penal Code Sections 302, 602.11, and 
		11412, discussed above, which generally regulate free speech and the 
		exercise of religion. In addition, the measure repeals the existing 
		provision of the State Constitution stating that the exercise of freedom 
		of religion does not excuse acts that are licentious or inconsistent 
		with the peace or safety of the state. 
		Fiscal Effect
		Some of the provisions of this measure could be 
		subject to challenge in the courts and found unconstitutional under 
		federal law. For example, the measure's reference to the Bible could be 
		challenged in the courts as being in violation of the provisions in the 
		U.S. Constitution that prohibit laws in respect to the establishment of 
		religion. 
		The fiscal effect of this measure on state and 
		local government is uncertain due to these and other potential legal 
		issues but is likely to be minor. Specifically, this measure may result 
		in minor costs to resolve various legal issues pertaining to the 
		measure, such as potential conflicts with local ordinances.
		Summary of Fiscal Effect
		The fiscal impact of this measure would depend in 
		large part on how the measure is interpreted and whether the measure 
		would withstand federal constitutional or other potential legal 
		challenges as discussed above. If upheld in the courts, we estimate that 
		this measure could have the following fiscal effect:
		
        
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