February 9th, 2010
 

365 Gay: News

Calif: Masking pro-Prop 8 names violates disclosure law


(San Francisco, California) California Attorney General Ed Brown says that hiding the names of contributors to the Yes on Proposition 8 campaign would be a violation of freedom of information.

Earlier this month, the Yes on Proposition 8 campaign asked a federal court to conceal the names of donors, saying the reports have led to the harassment of contributors.

Proposition 8, approved by 52.3 percent of California voters on Nov. 4, reversed a state Supreme Court decision allowing gay marriage. The measure’s opponents have asked the Supreme Court to overturn it.

The lawsuit cites a series of incidents in which those who gave money to support Proposition 8 received threatening phone calls, e-mails and postcards. One woman claims she was told: “If I had a gun, I would have gunned you down along with each and every other supporter.”

In a legal brief filed with the court, Brown says the court should deny the group’s request.

“Political democracy demands open debate, including prompt disclosure of the identities of campaign donors,” Brown said. “Backers of Proposition 8 should not be allowed to carve out a special privilege of anonymity for themselves alone.”

The brief, filed with the U.S. District Court for the Eastern District of California, contends that Proposition 8 supporters do not meet the criteria for the limited exemption to valid campaign disclosure laws – an exemption developed by the Supreme Court to protect the ability of historically persecuted minority parties to engage in political speech.

The brief notes that supporters of Proposition 8 are a well-financed association of individuals who raised nearly $30 million in support of a ballot measure that received 52.3 percent of the vote. 

” There is no risk that disclosure of donors will harm their ability to organize or otherwise pursue their political views,” Brown said.

“Additionally, there is no justification to shield donors from post-election reporting requirements. Rather, these requirements help to prevent kickbacks, laundering, and other improper uses of campaign funds.”

Brown said that any instances of violence or harassment against donors “are deeply regrettable,” but California’s civil and criminal justice systems are the appropriate venues to seek relief from potentially illegal conduct.

California campaign finance disclosure laws result in more speech, not less, and the public’s interest is better served in this case by requiring disclosure from those supporters of Proposition 8 who donated $100 or more the brief said.

The constitutionality of Prop 8 also is before the courts.  The California Supreme Court will hear oral arguments in that case later this year.

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  • Aaron Mendoza Said: January 27th, 2009 at 12:58 pm
    • well looks like they can’t hide from their bigotry now. I think what brown is doing is the right thing. He’s not siding with anyone… he’s stating fact and law. If only these “mega churches” understood the law like they do their bibles then we wouldn’t have church laws being forced into our legal system!

  • carole Said: January 27th, 2009 at 1:46 pm
    • yes, i’d love to know if the osmonds were on that list and if so, how much they contributed.i can’t stand them either way.

  • Robert, NYC Said: January 27th, 2009 at 1:56 pm
    • Maybe if we all banded together and formed a movement to remove tax-exempt status of all religious cults and faith based organizations that donate, interfere in the political process or influence the outcome of equality discrimination. They may think twice next time they try to disenfranchise and entire group of voters and tax payers form their full civil right to marry.

  • Ed Said: January 27th, 2009 at 2:04 pm
    • These bigots want what? They don’t want their names known to the public, how much of a dedication is that? It’s the law and was placed there to avoid irregularities, corruption. If you don’t have anything to hide, why be against it? I get it, you donated lots of money for Prop 8, but don’t want your LGBTs co-workers, etc, to find out about it. We call that living in the closet. Get real!

  • steve bee Said: January 27th, 2009 at 2:05 pm
    • ALL WILL BE REVEALED IN GOOD TIME!

  • Lorion Said: January 27th, 2009 at 2:14 pm
    • Yes, MOONBEAM flies again… Go for it Jerry!!
      ….and thanks from al GLBTQA’s.

  • Quasi Said: January 27th, 2009 at 2:20 pm
    • The ones who would take away our ordinary rights, yea, even kill us or imprison us, want special rights for themselves. It sure sounds like hypocrisy to the fullllllest extent, and that is why they will (must) fail in the end.

      No one is above the law. The law must be applied equally to everyone, hateful bigoted people included.

      I was amazed at the evil, hateful and disgusting speech I hear from religious right (who are neither, BTW) on the TV show a couple of days ago, “For The Bible Tells Me So.” If they can say that mind-bending stuff out loud on TV, they deserve to get a piece of our LGBTIQ collective minds. But these super-religious crazy fanatic would censor anyone who disagrees with them.

      We do not live in a theocracy, and they best learn that sooner than later. ‘Nuff said!

  • Vanster Said: January 27th, 2009 at 2:46 pm
    • I don’t understand. Don’t these people realize that anybody who donates, either for or against, are going to get their name public? Unless, I suspect, maybe there’s money corruption involved and they’re trying to play it off as something else. I mean if there was phone harassment I don’t understand why they don’t call the cops because that is what I would do. Hmm, I smell something sinister here….

  • DanOLGB Said: January 27th, 2009 at 2:50 pm
    • Who is Ed Brown? Our Attorney General’s name is Jerry Brown.

  • Bud Burgoon-Clark Said: January 27th, 2009 at 3:14 pm
    • DanOLGB Said: January 27th, 2009 at 2:50 pm Who is Ed Brown? Our Attorney General’s name is Jerry Brown.

      =================================

      TYPICAL sloppy proof-reading / editing on the part of 365gay.com. I’m about ready to look elsewhere for my GLBTQAI news … even when one sends *IN* corrections, they are seldom made, and NEVER in a timely manner.

      Case in point: there is no such thing as the “Episcopalian” Church or an “Episcopalian” bishop. The Church and her bishops are called “Episcopal;” individual MEMBERS are called “Episcopalians.” Doesn’t anybody at 365gay.com own an AP stylebook??!!

  • Sonnie Said: January 27th, 2009 at 3:15 pm
    • Uhhh… Ed Brown? The name of California’s Attorney General is Edmund G. Brown, Jr., and everyone knows him as Jerry Brown.

  • Jamie Said: January 27th, 2009 at 3:18 pm
  • Jaron Blake Said: January 27th, 2009 at 3:32 pm
    • Ed Brown?!? You mean twice-presidential-candidate, two-time governor, U.S. Senate candidate, and former Oakland mayor JERRY Brown? (He never uses Edmund, his first name.) Anyway, it was the haters who used campaign lists to threaten to “expose” businesses that contributed to the No on 8 campaign. What hypocrites (again)…

  • Michael M Said: January 27th, 2009 at 3:39 pm
    • Wow, they’re afraid of people knowing who they really are!!! Shocker, well, let’s welcome them to the club. Now only if someone could parlay their fear into understanding what it feels like for GLBT people everyday. Fear that people finding out who you really are will adversely affect their lives.

  • RogerRamJet Said: January 27th, 2009 at 3:44 pm
    • These people who donated Pro-Prop 8 own businesses. They don’t want to lose customers – even if they’re gay. The only other reason would be that a lot of their donations came from churches and there are specific TAX laws governing the political use of money from religious organizaations.

      You’d think if they were so High-and-Mighty and filled with the spirit of God that they would welcome putting placards in their businesses saying: I donated Yes Money to Prop 8.”

      Hypocrisy knows no bounds.

      If you find the donor list, do your part and boycott these businesses. Like most hypocrite christians, they’ll take your money, but they want to control your lives – and if you don’t submit, they’ll work to remove you from their sight.

 
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