Editor’s note: The 9th U.S. Circuit Court of Appeals issued its written 22-page ruling in Doe v. Reed on Oct. 22.
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 yesterday 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. (Agreeing with Kennedy, the full Court voted this afternoon to keep the appeals court ruling on hold.)
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.
Last month, 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. A
three-judge panel ruled Oct. 15 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 today 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 yesterday,
arguing there is no basis to overturn the appeals court decision.