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Judge halts release of Wash. referendum signatures
Gay rights supporters planned to publish the names of petition supporters online
Published Thursday, 06-Aug-2009 in issue 1128
TACOMA, Wash. (AP) – A federal judge on July 29 halted the release of a list of people supporting a proposed referendum on Washington state’s newly expanded domestic partnership law, in a case that questions whether the state’s open-government laws threaten free speech.
The temporary restraining order issued by U.S. District Judge Benjamin Settle followed a request from Protect Marriage Washington, the political campaign challenging Washington’s latest expansion of domestic partnership rights.
Gay rights supporters had planned to publish online the names of everyone who signed the petitions, saying they want members of the public to discuss the issue with petition signers. The petition information is a public record under state law.
That prompted Wednesday’s court action, with the Referendum 71 campaign arguing that public release of the petition signers’ identities would put them at risk of harassment, amounting to an unconstitutional infringement of free speech rights.
One of the campaign’s organizers, Larry Stickney, said he’s already been subjected to threats and harassment for his involvement in the referendum. The campaign also said it has heard from supporters who didn’t want to sign the referendum petition for fear of reprisals.
That points to the need for an exception in state public disclosure law, attorney Stephen Pidgeon told the court.
“We have a one-size-fits-all shoe that is going to result in the inappropriate disclosure of petition signers, who will then be exposed to boycotts, threats, harassment and so forth,” Pidgeon said.
The state did not oppose the restraining order request, but it will defend the Public Disclosure Act in court, Assistant State Attorney General Jim Pharris said.
State legislators approved the newest expansion of Washington’s existing domestic partnerships for gay and lesbian couples earlier this year. Known as the “everything but marriage” law, it puts domestic partners on par with married couples in all areas of state law that deal with marriage rights.
Religious conservatives want to force a public vote on the new rights, and have submitted about 138,000 petition signatures in an effort to get their referendum on the November ballot.
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