Originally posted at 10:13 a.m. and updated at 11:20 a.m.
Washington State Attorney General Rob McKenna will appeal yesterday's decision by a federal judge to shield the names and addresses of everyone who signed the petition for Referendum 71. "We will be asking for an expedited review from the 9th Circuit Court of Appeals and a stay of the decision, which would release the signatures," says AG Office spokesman Dan Sytman.
"The bottom line is that we believe the signatures are public record," Sytman says. "Signature are not exempt from public disclosure; there are list of things exempt from public disclosure, but signatures for a referendum are not included."
"It's very good news. The public should expect nothing else," says Tom Lang, director of Knowthyneighbor.org, a group that publishes names and addresses of individuals who sign anti-gay petitions. But he says it's not just a matter of publishing the names of R-71 signers. The true value is maintaining a transparent lawmaking process as a safeguard against fraud. "The federal government should not restrict letting people know how these signatures were gathered," Lang says.
US District Court Judge Benjamin Settle issued a 17-page decision yesterday afternoon, siding with plaintiffs, who sought a block the release of petitions on the basis that releasing the names of the people who signed would cause them harm. Backers of Referendum 71, Protect Marriage Washington, argued that releasing the names and addresses would cause petition signers “immediate and irreparable deprivations of their First Amendment liberties."
The Secretary of State's office was the defendant in the case, represented by the state attorney general. (You can read the details on yesterday's ruling here.)
The case stems from Brian Murphy, who blogs as the Gay Curmudgeon, filing a records request for the petitions in late July. He intended to post the information on WhoSigned.org, thereby enabling gay people to civilly confront those who signed the petition.
Says Murphy, "There is a larger discussion we need to be having. We have one part of the constitution used to hide people who are advocating to take away rights and continue discrimination while another part of the constitution should be protecting the minority they are attacking." He adds: "When equal protection doesn’t work, the only thing minorities can do is get the greatest level of public scrutiny they can on a process to take away their rights or continue discrimination."
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