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October 19, 2009 in City
Justice blocks names in gay rights ballot measure
WASHINGTON — Supreme Court Justice Anthony Kennedy has temporarily blocked Washington state officials from releasing the names of people who signed a ballot measure on gay rights.
Kennedy’s ruling Monday temporarily blocks a federal appeals court ruling last week that ordered the release of the names. Kennedy said his order would remain in effect while he considers a request by a pro-marriage group that asked him to reverse the appeals court ruling.
The case involves Referendum 71, a ballot initiative that asks Washington voters to approve or reject the state’s so-called “everything but marriage” law, which grants registered domestic partners the same legal rights as married heterosexuals.
A group called Protect Marriage Washington circulated a petition to put the domestic partnership law before the voters. Under the Washington state constitution, voters have the power to reject any law through the referendum process.
In September, U.S. District Judge Benjamin Settle temporarily barred state officials from releasing the identities of those who signed the referendum petitions. Settle held that releasing the names could chill the First Amendment rights of petition signers.
Gay rights supporters and open-government groups sought to disclose the names, saying that signers should be identified so the public knows who is behind Referendum 71.
The 9th U.S. Circuit Court of Appeals reversed Settle’s decision last week. The appeals court said Thursday that Washington’s secretary of state can release the names and addresses of people who signed petitions calling for a public vote.
Despite the appeals court ruling, the names weren’t immediately released because a state court order remained in effect. A Superior Court judge in Olympia is set to hear arguments Tuesday on how to respond to the appeals court decision.
In appealing to Kennedy to intervene, Protect Marriage Washington argued that state officials had suddenly changed a long-standing practice of keeping confidential the identities of those who signed referendum petitions. The group said signers of the petition fear hostile confrontations from gay rights supporters and noted that their campaign manager had received death threats.
James Bopp Jr., a lawyer who represents the group, said releasing the names of those who signed the petition would make the group’s appeal of the 9th Circuit ruling moot.
Janelle Guthrie, a spokeswoman for Washington Attorney General Rob McKenna, said state officials were merely defending the state’s public records law.
The attorney general’s office argued in court that there’s little evidence of threats or harassment amounting to more than a few rude phone calls.
State officials filed a 39-page response with the Supreme Court on Monday, arguing there is no basis to overturn the appeals court decision.
© Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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southie4573 on October 19 at 12:07 p.m.
Harrassment from Gay Rights advocates? Oh please! Gay people face daily harrassment from domestic terrorists like the ones who signed this ridiculous ref 71.
omaha on October 19 at 12:22 p.m.
I don’t agree with Ref. 71 but the people who signed ref 71 are not domestic terrorists. You are just being silly.
chefxh on October 19 at 12:24 p.m.
If you sign a petition, you should not expect a right to privacy for that public political act. Let’s not confuse this with the secrecy of the ballot.
Anti-equality forces will stop at nothing, it seems. They really hate us. Maybe in my lifetime I will be more than a second-class citizen, but I frankly doubt it.
ChefGus/ John Olsen on October 19 at 12:27 p.m.
I concur… i do not know ONE glbta person who would confront and harass anyone about anything…. not our style…. it happens every day in Spokane the other way around… a car with two young men sped by me yesterday afternoon with the passenger’s window rolled down and a hand with a middle finger in the air… ( I have a Human Rights Campaign blue and gold “eaquals” sticker on my bumper).
The rolled right on up Grand at 45 miles per hour in a 20 mile zone.. nice upstanding civil citizens….:)) john
Pat O'Leary on October 19 at 3:19 p.m.
Ahhh, here we go again. The return to the white sheets and flaming crosses of the White Knights of the Ku Klux Klan. All the “Christians” don’t care for the light of day…. they prefer to harrass from the shadows. I’m sure this is what Jesus envisioned for his disciples, unmitigated hate for one’s fellow man. You people are pathetic.
misjustice on October 19 at 7:01 p.m.
When I vote any ballot or sign any petition to have something put on a ballot, it is NO ONE’S business how or why I did it. What if I sign/vote to approve Ref 71? Will my neighbor who doesn’t want it passed be able to see how I voted & harass me because I did sign? What about the neighbor that is for it & I’m not? Same thing. We have privacy in voting for a reason.
If we no longer have the right to voice an opinion/vote without having ramifications then we have lost our freedom.
Whether I agree with Ref 71 — or not — is no one’s business but mine!