Published: Tuesday, October 20, 2009
Supreme Court judge orders signatures for Ref. 71 withheld, for now
OLYMPIA — With voters beginning to decide the fate of Referendum 71, a member of the nation’s highest court on Monday entered the legal fight on whether those who helped put the controversial measure on the ballot will keep their identities secret.
U.S. Associate Supreme Court Justice Anthony Kennedy reimposed a federal ban on releasing the names of petition signers lifted last week by a 9th Circuit Court federal appeals panel.
Sponsors of Referendum 71, who want the names kept secret, asked Kennedy last week to intervene. State lawyers filed a 39-page response Monday arguing there was no basis to overturn the appeals court decision.
Monday’s decision didn’t change what’s been their focus for weeks.
“We’re going to vigorously defend the public records act,” said Janelle Guthrie, spokeswoman for Attorney General Rob McKenna. “It contains no exemption to preclude the release of the names of initiative and referendum signers.”
It is unclear how long Kennedy’s directive will remain in place.
While he could rescind his order, it appears he’ll wait at least until the 9th Circuit Court of Appeals issues a written opinion explaining the ruling it issued last Thursday to allow identities of signers to be released.
In the meantime, a separate case unfolding in Thurston County is also preventing the public from seeing the names.
Superior Court Judge Richard Hicks issued a restraining order against the state last week and will hold a hearing today on whether to extend or end it.
“We have two orders, one federal and one state, preventing release. Both would have to be lifted for the names to be released,” said James Bopp, attorney for Protect Marriage Washington, the coalition of religious and social conservative groups behind the measure.
Referendum 71 asks voters to approve or reject a state law passed earlier this year granting registered domestic partnerships the same rights, benefits and obligations of married couples. The law applies to same-sex couples and couples in which one partner is at least 62 years of age.
Protect Marriage Washington turned in 138,000 signatures on petitions to let voters have the final say on this domestic partnership law. Ballots went out last week and must be returned or postmarked by Nov. 3 to be counted.
Seeds of the legal fight were planted in the summer during signature gathering. At that time, two gay-rights groups vowed to obtain the names and post them online.
Six individuals and a Seattle television station have requested copies of petitions containing the names. One of those is Brian Murphy, leader of WhoSigned.org, which vowed in June to make the names available in a searchable database on the Internet.
In September, U.S. District Judge Benjamin Settle barred state officials from doing so, contending it would chill the First Amendment rights of petition signers. Protect Marriage Washington lawyers argued some of the signers had been threatened on the phone and in e-mails.
The 9th U.S. Circuit Court of Appeals reversed Settle’s decision last week, though it didn’t issue a written opinion.
Bopp said once that comes out, he’s expecting to ask the U.S. Supreme Court to consider the case.
Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
U.S. Associate Supreme Court Justice Anthony Kennedy reimposed a federal ban on releasing the names of petition signers lifted last week by a 9th Circuit Court federal appeals panel.
Sponsors of Referendum 71, who want the names kept secret, asked Kennedy last week to intervene. State lawyers filed a 39-page response Monday arguing there was no basis to overturn the appeals court decision.
Monday’s decision didn’t change what’s been their focus for weeks.
“We’re going to vigorously defend the public records act,” said Janelle Guthrie, spokeswoman for Attorney General Rob McKenna. “It contains no exemption to preclude the release of the names of initiative and referendum signers.”
It is unclear how long Kennedy’s directive will remain in place.
While he could rescind his order, it appears he’ll wait at least until the 9th Circuit Court of Appeals issues a written opinion explaining the ruling it issued last Thursday to allow identities of signers to be released.
In the meantime, a separate case unfolding in Thurston County is also preventing the public from seeing the names.
Superior Court Judge Richard Hicks issued a restraining order against the state last week and will hold a hearing today on whether to extend or end it.
“We have two orders, one federal and one state, preventing release. Both would have to be lifted for the names to be released,” said James Bopp, attorney for Protect Marriage Washington, the coalition of religious and social conservative groups behind the measure.
Referendum 71 asks voters to approve or reject a state law passed earlier this year granting registered domestic partnerships the same rights, benefits and obligations of married couples. The law applies to same-sex couples and couples in which one partner is at least 62 years of age.
Protect Marriage Washington turned in 138,000 signatures on petitions to let voters have the final say on this domestic partnership law. Ballots went out last week and must be returned or postmarked by Nov. 3 to be counted.
Seeds of the legal fight were planted in the summer during signature gathering. At that time, two gay-rights groups vowed to obtain the names and post them online.
Six individuals and a Seattle television station have requested copies of petitions containing the names. One of those is Brian Murphy, leader of WhoSigned.org, which vowed in June to make the names available in a searchable database on the Internet.
In September, U.S. District Judge Benjamin Settle barred state officials from doing so, contending it would chill the First Amendment rights of petition signers. Protect Marriage Washington lawyers argued some of the signers had been threatened on the phone and in e-mails.
The 9th U.S. Circuit Court of Appeals reversed Settle’s decision last week, though it didn’t issue a written opinion.
Bopp said once that comes out, he’s expecting to ask the U.S. Supreme Court to consider the case.
Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
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