Page:The 1879 Constitution of the State of California as Amended through 2016.pdf/11

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Art. I, § 12 CONSTITUTION OF CALIFORNIA 157

[Marriage]

Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California. [New section adopted November 4, 2008. Initiative measure.]

[Sex, Race, Etc., Not a Disqualification for Business]

Sec. 8. A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin. [Former Section 18 of Article XX, as renumbered and amended November 5, 1974.]

Sec. 9. [Repealed November 5, 1974. See Section 9, below.]

[Bill of Attainder—Ex Post Facto Law—Obligation of Contract]

Sec. 9. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed. [New section adopted November 5, 1974.]

Sec. 10. [Repealed November 5, 1974. See Section 10, below.]

[Detention of Witnesses—No Imprisonment for Debt]

Sec. 10. Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine. [New section adopted November 5, 1974.]

Sec. 11. [Repealed November 5, 1974. See Section 11, below.]

[Suspension of Habeas Corpus]

Sec. 11. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion. [New section adopted November 5, 1974.]

[Bail—Release on Own Recognizance]

Sec. 12. A person shall be released on bail by sufficient sureties, except for:

(a) Capital crimes when the facts are evident or the presumption great;

(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others; or

(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged,