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Supreme Court Will Hear R-71 Case in April

by Dominic Holden • Feb 16, 2010 at 5:50 pm

A case arising over an effort to repeal gay rights will begin its hearing before the federal Supreme Court on April 21, either confirming that petitions signatures should be public or shielding petition signers in anonymity. According to a docket published today, the court will examine whether "the First Amendment right to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information about petition signers," and whether "compelled public disclosure of identifying information about petition signers is narrowly tailored to a compelling interest."

Protect Marriage Washington, a group of Christian extremists that gathered signatures to put Referendum 71 on the ballot, is challenging state election rules that require the release of names and addresses of people who sign petitions. The referendum, which qualified for the ballot in summer, put the state's third domestic-partnership law for gay couples and straight seniors up for a public vote. (Voters upheld the law.) State rules mandate that the names of all petition information be released upon request, argued Washington State Attorney General Rob McKenna in lower courts.

"We welcome this chance to go to the Supreme Court to defend Washington citizens’ desire for transparency and accountability in our government," Secretary of State Sam Reed wrote in a statement today. "The voters overwhelmingly approved the Public Records Act as part of the sunshine initiative back in 1972, and it has worked very well for four decades. Neither the Legislature nor the people have ever carved out an exemption to block release of petitions. We believe that we can have disclosure and openness, as well as protect our precious First Amendment rights and promote full participation in the initiative process and voting."

A group called WhoSigned.org had requested the names and addresses of R-71 signers to post online—in part so people could civilly confront anti-gay petition signers and in part so the public could double-check that signatures had been legally verified by the state. As an example of the need for transparency, there were many questions about whether signature gatherers were telling the truth and if the election workers wrongly validated some signatures. The 9th Circuit Court of Appeals ruled the signatures should remain public. But Protect Marriage Washington appealed the decision to the Supreme Court, keeping the release of the names in limbo. The bigots argued that they would in be in danger of gays attacking them if their names and addresses were publicized.

The Supreme Court announced last month it would take the case, leading both to hope that the justices would affirm that signatures are public and concern that the conservative court is taking the case to overturn the liberal 9th Circuit's decision.

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