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High court justice halts release of petition signers' names

By The Associated Press
10.20.09

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.


Previous
9th Circuit: State can I.D. domestic-partner petition signers
Federal judge had held that releasing names could chill First Amendment rights of people supporting Washington's Referendum 71 ballot initiative. 10.16.09

Related

Group must abide by Wash. campaign laws while suit proceeds (news)
Federal judge rejects request from Family PAC, which opposes expanded legal partnerships for gay couples, for emergency suspension of campaign-finance statutes. 10.29.09

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