Spokane7
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October 15, 2009 in City
9th Circuit lifts ban on release of R-71 petitions
SEATTLE — Washington’s secretary of state can release the names and addresses of people who signed petitions calling for a public vote on the state’s expanded benefits for domestic partners, a federal appeals court said Thursday.
A panel of the 9th U.S. Circuit Court of Appeals reversed a previous decision by U.S. District Judge Ben Settle in Tacoma to block release of the petitions.
Settle held that releasing the names could chill the First Amendment rights of petition signers.
Stephen Pidgeon, an attorney for the petition sponsors, did not immediately return a call seeking comment.
Despite the appeals court ruling, the names weren’t immediately released.
Janelle Guthrie, a spokeswoman for Attorney General Rob McKenna, said her office must now ask a Thurston County judge to lift a temporary restraining order issued Wednesday forbidding the release of the petitions until the 9th Circuit could rule.
“These petitions are not like a secret ballot, but amount to taking part in our legislative process, which is required to be open and accountable,” Secretary of State Sam Reed said.
Referendum 71 asks voters to approve or reject the so-called “everything but marriage” law, which grants registered domestic partners the same legal rights as married heterosexuals.
Conservative Christian groups that sponsored R-71 want to keep the signed petitions out of public view because they fear harassment from gay-rights supporters.
In its brief order, the three-judge appeals panel said Settle used the wrong legal standard in granting the preliminary injunction that barred release of the petitions, and that the injunction therefore must be reversed.
The judges said they would later issue an opinion explaining their reasoning.
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Rifleman__Dodd on October 15 at 5:22 p.m.
Good. We can now see who the bigots are.
Must be real tough for the judges to interpret the law.
RCW 42.56.030
Construction.
The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.
Pat O'Leary on October 15 at 5:47 p.m.
The Christian right want to harrass gays from the anonymity of their white sheets. If one wishes to be a bigot, that is a choice they can make in America…but at least have the courage to admit it.