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Monday, October 19, 2009
Justice blocks names in gay rights ballot measure
By MATTHEW DALY
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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. Continued...

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Happy Jake....
"Reverse the situation. Pretend, for a moment that there is a ballot measure banning discrimination against gays. Pretend, also, that there has been a history of intimidation and harrassment from the most vocal opponents of this petition (Rude phone calls in the middle of the night, offensive advertisements, simple assault on protestors, disruption of gay pride parades, etc.) Further pretend that the state in which this ballot measure is being signed does not usually release the names of the signers.

Should an anti-gay political group be allowed to know the names and addresses of everyone who signed the petition?"

Yes. If I have the courage of my convictions, I should be ready to defend them. I once wrote a letter to the newspaper (oddly enough, defending President Bush and asking people to stop the personal attacks), and some woman looked my name up in the phone book (I was then and still are listed), and called me to argue with me. I wasn't home, my son was. He asked why she was calling, and even though he agreed with her, and not me, ended up saying to her that everyone has the right to their opinion and to express it, that by signing my name I was being brave and not hiding behind anonymity, since she refused to tell him her name. We did not have called id then.

Be brave. If you don't want gays to be married, say so. Some gays are out there and you don't like that at all.

Identify yourself. Subject yourself to the consequences. Heck, Dr. Tiller was murdered. I haven't heard of anyone being murdered by those of us who support gay rights.

Releasing the Names
Release the names so I can boycott their businesses. I am NOT gonna waste my time calling or writing to anti-gay bigots. There are just SO many of them. I don't have the time to waste my time on doing that, besides, no matter what I or anyone else does or doesn't do, they won't change their deeply-held hatred. Yet, I can choose where my hard-earned, taxable monies will or will not go. Economic boycotts are as American as apple pie. As you all know, one of our pivotal founding moments was when we boycotted British tea. Why should I have to support businesses that oppress me?
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