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JUDGE RULES THAT SEC. OF STATE SAM REED CANNOT RELEASE NAMES OF R-71 PETITION SIGNERS TO PUBLIC
August 12, 2010
(REGIONAL) -- In an email sent to his followers and to media, Gary Randall head of the Faith & Freedom network writes Thursday that Judge Settle has ruled that Washington Secretary of State Sam Reed “cannot release the names of R-71 petition signers” to the public until the case is heard in his court.
Randall writes that the case is likely to be heard in November. He quotes a news release from the group’s lead attorney, James Bopp, Jr. :
”Today, a federal judge entered an order preventing Washington from releasing the names and addresses of individuals that signed a referendum petition to repeal Washington's "everything but marriage" domestic partnership law. Several opposition groups threatened to post the names of the petition signers on the Internet in an effort to encourage uncomfortable conversations with petition signers. Similar efforts around the country have resulted in death threats, property damage, and other harassment directed at supporters of traditional marriage.”
Bopp Jr. said he was pleased with the court’s ruling because, "Supporters of traditional marriage have received death threats and have had their personal property destroyed after standing up to protect the institution of marriage. No one should have to endure the harassment that these individuals have endured in their personal and professional lives for standing up for what they believe in. I am confident that when the judge considers all of the evidence, copies of the petitions will not be released to the public."
Today's ruling will remain in effect until the court can consider Protect Marriage Washington's arguments that disclosure of the petitions will expose petition signers to a reasonable probability of threats, harassment, and reprisals.
The Court has asked the parties to agree to an accelerated schedule. No further hearings in the case are scheduled at this time.
In late June The U.S. Supreme Court ruled in an 8-1 decision, with Justice Clarence Thomas dissenting, on the Washington State Doe v. Reed case that the people who signed a petition to repeal Washington state's gay rights protection law do not have the absolute right to keep their names secret from the public.
The ruling was a defeat of sorts in that phase of the legal fight for the group Protect Marriage Washington, which organized a petition drive for a public vote to repeal the state's "everything-but-marriage'" gay rights law.
Petition signers then later wanted to hide their names from the public for fear of harassment and intimidation by gay organizations.
The June decision meant the names and addresses of those who sign ballot-measure petitions, such as Referendum 71, can be made public as is the law under Washington state's Public Records Act.
But the ruling did not mean copies of the Ref. 71 petitions would be immediately available to those who wanted to see them as a lower court may be the final decision maker on that because the ruling did not preclude those who want to keep Ref. 71 petition signers' names secret from going back to a lower court to ask for an exemption from disclosure in that particular case only, and that is what happened to get to this point in the case.
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