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Loading ...Court allows release of domestic partner petitions
10.16.2009 8:49am EDT
(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 Benjamin Settle in Tacoma to block release of the petitions. Settle held that releasing the names could chill the First Amendment rights of petition signers.Despite the appeals court ruling, the names weren’t immediately released because a state court order remained in effect. Janelle Guthrie, a spokeswoman for Attorney General Rob McKenna, said her office must now persuade a Thurston County judge to lift a temporary restraining order issued Wednesday forbidding the release of the petitions until the 9th Circuit could rule.
An assistant to the judge said he would not hear arguments until next week at the earliest.
Settle’s ruling last month stunned open-government activists.
“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, some of whom have vowed to post the names of petition signers on the Internet.
The conservative groups lost a fight to keep the identities of their campaign donors secret.
Referendum sponsor Gary Randall of Protect Washington Families said he, another campaign organizer and their lawyers were considering whether to ask the 9th Circuit for a rehearing with more judges.
“There’s been calls and harassment and confrontation of people who donated who just thought they were participating in the democratic process,” he said. “I don’t think it’s right.”
The state attorney general’s office argued that there’s little evidence of threats or harassment amounting to more than a few rude phone calls.
In its brief order, the 9th Circuit 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.
I suspect that the real reason these people don’t want the names released is that when they do they will find that many people whose names are on the petitions never actually signed them, or thought that they were signing something else. I hope that there will be an investigation into the fraud that these bastards perpetuated.
ok, then…we should call them to task. Afraid of harrassment? A few rude phone calls?
Washingtonians: I suggest you scour the list for YOUR NEIGHBORS. Confront them politely while walking your dog or at the local little league.
Ask they why they think they have the right to pass judgement on your union. Why they think theirs is better, how they sleep at night knowing they have PROACTIVELY taken a step to harm you, one of their neighbors.
Make it personal, but be polite. We have the higher ground, we are behaving morally in the face of immoral bigotry, so we do not need to stoop to “rude phone calls” and certainly not harassment of violence.
But as they argued, these people thought they were taking part in the democratic process. Prove them right and engage them in debate.
But don’t give an inch…make sure they understand that you feel they have usurped the democratic process to overstep their authority. Mob rule must not be given an ounce of credibility. Tell them they should be ashamed for butting into your personal life!
Now get out there and start chatting up your neighbors. They deserve to be embarrassed.
“Afraid of harrassment? A few rude phone calls?” Shit the straights do that to us all day every day! Whats good for the Gay is good for the Straight!
““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.”
“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, some of whom have vowed to post the names of petition signers on the Internet.”
Oh boo-hoo! It’s so easy to hide behind anonyminity. Are these religious groups afraid of losing their 501c status because they are organized and political in nature? Are some of these people afraid that the LGBT community will boycott their businesses rather than spend their hard earned money with them, only to have them turn around and use it against us? Are they neighbors and so called friends that are smiling to your face while stabbing you in the back? Since when can’t the public look at and verify with the government that the required amount of signatures are legitimate? During the Bush years we had no accountability. This is a new day. Deal with it!
These people have YET to prove that equal marriage rights lessens their own marriage. Marriage is a legal institution, not a religious one. Follow your OWN religious beliefs, as interpreted by you! You have no right to force your personal religious beliefs on everyone else. Especially, those who are not Christian, or are atheists, or follow their own denominational beliefs. PERIOD.
We are in the 21st century and these hate groups are going to be dragged into it scratching and kicking, whether they like it or not. The train has left the station and it AIN’T backing up!
I guess they’ve forgotten about the BLACKMAIL letters the Religious Reich (sic) sent out in California before the vote on Prop 8, naming names of those who had donated to oppose hate, and threatening them with boycotts and legal actions.
What’s sauce for the Left is sauce for the Reich (sic). Plaster their damned names and addresses all over the Net; boycott their businesses; see how THEY like it.
You’re never going to have a “constructive dialogue” with those illegitimate sons of the KKK anyway.
This is a good development. IF the petition signers are worried about harassment, then they need to think about that BEFORE they sign a petition to take civil rights away from people.
The names shouldn’t be withheld. It’s a matter of public record. This should be a lesson not to sign this sorts of petitions if you don’t want people to think you are a homophobe.
http://stuffqueerpeopleneedtoknow.wordpress.com
Finally, Its very very disappointing it took this long to point out to judge settle that public potions are not secret under state law and never have been.
Now when the auditors office (lets just say reed is out next vote) has to get is but in gear and release them.( I want to know if any one I know/business owners of places I frequent supported it)
I am seeing that more and more christian groups are complaining that the LGBT Community should have no rights. Well What would they say if they had to pay taxs on the gounds that there chruch’s or just taxs period. They already are listed and a non profit org. why what makes them special. What if we closed our walets, and stopped paying taxes to support them. if all the tax money that we made as a gay community stayed it would look really bad it would look segragated all over again like black and white,was many years ago. and no look history is repeating itself. Our government would fall in a huge hole if the LGBT Community bannded together and took a stand for who we are. every day i read more and more about what is happening to the LGBT Community and keep thinking that we are headed right for another Stone Wall of history and it will be bigger than the last one and more devistaing than the last one. Churchs wanted the state to be seporate well then stay out of political issues. other wise lets reverse the law that states that church and state are seporate. and make it the way is use to be. So the next question in my mind is ..
At what cost will it take for Equality
We are a nation of freedom and I see no freedom when I am told No to some thing that is MY RIGHT.
Absolutely the names should be made public. We live in a democratic society even though the right wingers don’t believe we should be part of it…
http://lgbtminute.ourtool.com
Standing up (ok, sitting down) for our rights!
Jay has a very good point. Yes on 71 supporters said that signature gathers were verbally stating the opposite of what the petition said. Although, after signing people should have heard more about it and maybe complained already that they were misinformed…. but ignorance of the ‘petition effect’ is no excuse, to paraphrase.
It is good that the court see’s that the RULE of LAW is paremount.Every time anyone sighns ANY petion it is public record.If you sighn you forfet your right to privacy. If you dont believe enough to defend it DONT sighn.If you bliindly sighn without reading & knowing
Well your a fool & being dumb is NO EXCUSE! They tried to give those sighners SPIECAL RIGHTS. Isn’t that what they claim WE trying to get?? Now when will that 1st judge be FORCED TO RESIGHN!
This is good news! Petitions are public documents even after you sign one. Only votes are private.
These people keep insisting they’re so proud to be “defending traditional marriage”. There’s no reason they should need to hide their names from the public. In fact, they themselves should be broadcasting the fact that they signed–if they’re so proud of what they did.
But the reality is they’re just like the KKK. They want to engage in bigotry and cause harm to others but wear hoods so the rest of the community still thinks they’re upstanding, decent citizens.