February 9th, 2010
 

365 Gay: News

Judge: Prop 8 donor names must be public


(Sacramento, California) A federal judge denied a request Thursday to keep secret the names of donors to California’s anti-gay marriage initiative, saying the public had a right to know who gave money to state ballot measures.

Supporters of the Proposition 8 initiative, which overturned a state Supreme Court ruling that allowed gay marriage, had sought a preliminary injunction to remove the identities of those who contributed to their campaign from the secretary of state’s Web site. The initiative was approved by voters in November.

They also had asked U.S. District Judge Morrison England Jr. to block the Monday release of the names of donors who either gave money two weeks before the election or shortly afterward. Those names will be publicly released in postelection campaign finance reports.

But the judge sided with the state, saying that California’s campaign disclosure laws were intended to protect the public and were especially important during expensive initiative campaigns.

“If there ever needs to be sunshine on a political issue, it is with a ballot measure,” England said.

He said many campaign committees have vague names that obscure their intent, and the public would have no way of knowing who was behind the campaigns unless they could see who was giving money.

Supporters of the ban on gay marriage said public disclosure of their financial supporters had put the donors at risk of personal harassment or boycotts to their businesses.

Frank Schubert, co-manager of the Yes on 8 campaign, said another 1,600 people would be put at risk with the release of the reports.

The state had said in court papers that granting exemption to the plaintiffs could lead to a situation in which no campaign committee involved in a ballot measure could be required to disclose its donors because of the potential for harassment.

That would deny voters the right to know who was behind those campaigns, the state said.

The state also noted that most of the activity the plaintiffs called harassment was actually protected free speech, such as threats of boycotts.

Roman Porter, executive director of the California Fair Political Practices Commission that enforces the state’s campaign disclosure laws, called the ruling “a victory for the people of California and disclosure.”

Richard Coleson, an attorney for the plaintiffs, said he understood the state’s “interest in requiring disclosure.”

“But there has to be an exception when there is a reasonable probability of reprisal,” he said.

Opponents of Proposition 8 said it was hypocritical for anti-gay marriage backers to cite fear of harrassment.

Fred Karger, founder of gay-rights group Californians Against Hate, said the initiative’s backers had threatened boycotts against businesses that failed to donate to their effort during the campaign.

“Now they complain of harassment?” he said.

Schubert said Thursday’s ruling was a first step in a long legal process that could end up in appeals courts.

The judge said he didn’t agree that the plaintiffs had a probability of success in court and that they had not proven they would suffer “irreparable injury” if he did not grant the preliminary injunction.

The judge planned to issue a more detailed written ruling later.


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  • Morgan Said: January 30th, 2009 at 9:51 am
    • You’d think these folks had such great pride in their big, huge and self-righteous and “honorable” act of “restoring “normality” to marriage law in California “as it should be” solely between one man and one woman”…giving themselves a “huge pat on the back” and a huge “‘at a boy” all rolled into one.

      And that hey, you’d think they would be “busting the buttons” off their shirts and blouses with pride to let people know what they did to the state constitution and to 18,000 gay CA couples and be proud to stamp their own names on their “big accomplishment” to be an encouragement and “a shining example” to the rest of the country to do the same everywhere!!

      What, not proud enough of what they did, don’t have the testicles and overies to boast and brag openly about what they did?

      What are they afraid of? They have nothing to hide, come on now!

      Guess they are shocked to realized that for every action there is an equal and opposition re-action (my spelling my own to make a point here) and (while death threats are very, very stupid and sour otherwise supportive people)maybe there isn’t anything wrong with letting these folks know they’ve been “caught with their pants down” that we know who they are, there is a price to pay, and we aren’t going to let them get away with the harm they’ve done to our community.

  • Kris Said: January 30th, 2009 at 10:09 am
    • Finally, the closed minded pimps are going to be caught red handed. It makes my day to know that their whines and moans of privacy, can be learned by everyone who didn’t vote yes on that “crazy 8″ thing. They should be brought out on television and have their faces shown. You people who’ve supported “H8TE”, need to learn how it feels when “others” make judgements on you.

  • Island Boy Said: January 30th, 2009 at 10:11 am
    • Good news of the day!

  • Chris Sullivan Said: January 30th, 2009 at 10:31 am
    • Yes VERY good news indeed!

  • Chris Sullivan Said: January 30th, 2009 at 10:33 am
    • Gee, another 1,600 people “at risk”… cry me a freaking river!

  • Vickif Said: January 30th, 2009 at 10:39 am
    • It breaks my heart-not-that these people who supported prop8 are concerned when they voted to take away the civil rights of people that they will now have to pay the piper. Too bad.

  • Mike Said: January 30th, 2009 at 10:52 am
    • This is rich! Those who would take my civil rights from me turn around and claim victim-hood! Wow. What a bunch of cry babies!

  • Island Boy Said: January 30th, 2009 at 10:59 am
    • Another 1,600 people at risk of having their pants pulled down. And what do we find? NO BALLS!!!

  • Scott P. Said: January 30th, 2009 at 11:09 am
    • Not too long ago gay men and women caught in bars or other places would have their names and addresses published in the paper. This led to loss of jobs, homes, livelihood. Poor things are getting a taste of what we had to go through for DECADES!

  • LOrion Said: January 30th, 2009 at 11:25 am
    • They must be so proud!! All those supporters of ‘traditional’ marriage now get to be known and loved by all their friends and neighbors. It’s going to feel so good knowing everyone knows who you are now, since you were on the right side…RIGHT??!!

  • Lou Said: January 30th, 2009 at 11:40 am
    • If you are going to vote to deny people their rights, then have the balls to do so in public!

      Another example of republicans saying the rules are for other people. They want privacy for them, but non for us.

      If there is no “sunshine” regarding who gives money to support these ballot initiatives, them anyone/company can buy what they want in secret.

      p.s. I wonder how David Drier voted–lol.

  • TigerTzu Said: January 30th, 2009 at 11:44 am
    • I think that deep down, in their cobwebbed old-attic echo chambers they call a mind, they know they are doing wrong. Their actions of stripping basic civil rights away from a group of people is un-American, and that history will judge them in the same light as the Nazis and the KKK. Evil flourishes best in the dark, away from the light of public and historical scrutiny.

  • JayC Said: January 30th, 2009 at 11:50 am
    • Racists shouldn’t be allowed to hide behind their white sheets, and homophobes shouldn’t be allowed to hide behind their bibles. Oops. Racists hide behind white sheets AND bibles, don’t they? They have so much in common. Of course, I doubt that a bigot is truly satisfied with hating just ONE group.

  • TigerTzu Said: January 30th, 2009 at 12:00 pm
    • JayC Said: “Of course, I doubt that a bigot is truly satisfied with hating just ONE group.”

      If all gay people disappeared overnight, tomorrow the black community or some other minority would become the new scapegoat.

  • Chris Sullivan Said: January 30th, 2009 at 12:09 pm
    • Scott P. – That is a VERY good analogy!

 
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