Citizens in Charge

U.S. Supreme Court Justice Anthony Kennedy has ordered the Washington Secretary of State not to release the names and addresses of voters who signed the petition for Referendum 71. Last week the Ninth Circuit Court of Appeals overturned a lower court decision that found releasing the names of petition signers would have a chilling effect on the First Amendment rights of petitioners.

The Referendum 71 petition would allow a statewide vote on a bill recently passed by the state legislature that gives registered domestic partners the same legal rights as married heterosexual couples. Gay rights groups claim the issue hinges on government transparency and openness. Proponents of the referendum fear that those who signed the petition will be subject to harassment like many supporters of California Proposition 8 were after their names were released.

The Secretary of State’s office has claimed that they are complying with the state’s open records law by releasing the names of the signers, but the challengers point out that releasing the names goes against a state tradition of privacy for petition signers that dates back to 1914.

Justice Kennedy is responsible for handling appeal requests from the Ninth Circuit, and he has ordered the Ninth Circuit’s ruling stayed while he considers the appeal from Protect Marriage Washington, the group backing the R-71 petition. The 35 page brief submitted the Supreme Court is available here thanks to Richard Winger.