California 2011 2011-2012 Regular Session

California Assembly Bill AR38 Introduced / Bill

Filed 08/16/2012

 BILL NUMBER: HR 38INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hagman (Coauthors: Assembly Members Jones, Morrell, and Wagner) AUGUST 16, 2012 Relative to the First Amendment to the United States Constitution. LEGISLATIVE COUNSEL'S DIGEST HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST WHEREAS, The First Amendment to the United States Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances"; and WHEREAS, The free exercise of religion and freedom of speech are guaranteed for all Americans by the First Amendment to the United States Constitution; and WHEREAS, Thomas Jefferson wrote to the Reverend Samuel Miller on January 23, 1808, "every one must act according to the dictates of his own reason, & mine tells me that civil powers alone have been given to the President of the U.S., and no authority to direct the religious exercises of his constituents"; and WHEREAS, Franklin Roosevelt stated, "Where freedom of religion has been attacked, the attack has come from sources opposed to democracy. Where democracy has been overthrown, the spirit of free worship has disappeared. And where religion and democracy have vanished, good faith and reason in international affairs have given way to strident ambition and brute force"; and WHEREAS, The fundamental principles of equality and ordered liberty form the foundation of all the laws that govern us; and WHEREAS, Recently, local elected officials throughout the state and country have unjustly called for the exclusion of certain businesses within their cities due only to business owners exercising their rights under the First Amendment to the United States Constitution; and WHEREAS, This resolution recognizes our given freedoms without endorsing any particular view but by simply supporting our right to speak and believe freely without government persecution; and WHEREAS, For more than two centuries, the United States of America continues to be the worldwide symbol of individual liberty and a beacon of hope and opportunity for more than two centuries; and WHEREAS, Religion in the United States is defined by a great adherence level and vibrant diversity in religious beliefs and practices; and WHEREAS, The freedom to allow all faiths to flourish and the protected liberty of religious conscience profoundly shapes America's history and destiny as religious people fulfill their mission, calling, and commitment to serve; and WHEREAS, Tolerance by the government toward people of faith is constitutionally guaranteed and necessary to allow an unimpeded flow of tolerance and ideas that positively impact and transform lives; and WHEREAS, Constitutional protection from governmental discrimination or coercion ensures a strong and vibrant democracy; and WHEREAS, Firmly upholding the right of conscience and cherishing the exercise of religious independence and expression of religious belief as American foundations animate the freedom that belongs to all, that we may live in liberty and happiness; now, therefore, be it Resolved by the Assembly of the State of California, That the Assembly unequivocally condemns all forms of intolerance of religious beliefs and expressing those beliefs; and be it further Resolved, That the Assembly recognizes the rights of the First Amendment to the Constitution while promoting and protecting the freedoms of speech and religion without government persecution; and be it further Resolved, That these rights preclude exclusion from commerce based upon the freedom of beliefs; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for distribution.