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Loading ...Justice blocks names in gay rights ballot measure
10.20.2009 12:01pm EDT
(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 group, Protect Marriage Washington, 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 “everything but marriage” law, which grants registered domestic partners the same legal rights as married heterosexuals.
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, Wash., 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.
Groups like Protect (Restricting) Marriage Washington want the freedom of speech to say what they want and attack the LGBT community and even lie when doing so– but they also want to hide who they are and not be held accountable for their opinions and dishonestly.
What folks miss is that state law requires that petitions and their signers’ names be made public, and that this has been forced on each & every progressive petition filed in the state. Now, these Conservatives want special rights & considerations.
And they call this fair play, they were the ones who threatened to blackmail companies who supported Prop 8, not our side doing it to them. I guess they know what can happen with full information.
“(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.”
I always thought that the US Supreme Court was the last step in the appeals process and as such, the entire court would decide to hear a case or decide to not hear it. I didn’t really know that an INDIVIDUAL judge could order stays and look into rulings. It is obvious where Kennedy’s rulings usually lie but if he DRAGS his feet on making a final decision on the federal appeals court ruling, how does that affect the ballot measure? Will it still appear on the ballot? Can he make a decision the day before against Protect Marriage Washington’s claim, which is too late to help us? What if later evidence points to fraud on the part of Protect Marriage Washington, which petitioned Kennedy in the first place, will the vote be declared illegal?
Sounds to me like these hateful people want to continue fighting equality from the shadows right up to the November ballot. I hope the voters in Washington see just how sneaky these people can be.
we might find out that these people tricked people into signing their petitions. But I’m sure Justice Kennedy doesn’t think that.
some KKK members apparently don’t wear whit sheet, but black ones. or is it dress?
The group “Protect Marriage Washington” is no different from the KKK hiding under their white sheets. They wish to conceal their identities because they KNOW that what they are doing is fundamentally wrong, but their hate and prejudice compel them to pursue their hate-crimes nevertheless.They might have the ‘letter- of the law’ in their favor, but that doesn’t make what they are doing right.
Interesting.
But isn’t it the gays that are routinely threatened and bashed?
Never heard of a gay guy beating up a straight guy ’cause he’s straight, or because he signed a petition.
Above all else, doesn’t society on the whole understand that gays are not prone to violence – a very admirable quality that is often unstated I might add.
On second thought though, maybe that’s why they always feel free to beat us up?
Yeah, let’s see those petition signers and go kick some ass!
Alright alright,non-violence. How about: Let’s see those petition signers and go smash up those offensive fake wishing wells on their lawns? Yeah!