CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
Gay rights opponents arguing before the U.S. Supreme Court to keep secret the names of petitioners who opposed a Washington state domestic partnership law said on Wednesday that such disclosure would have a chilling effect on freedom of speech.
During oral arguments in Doe v. Reed -- a lawsuit arising from Washington's Referendum 71, in which voters ultimately approved an "everything but marriage" law for gay couples -- Protect Marriage Washington attorney James Bopp. Jr. argued that "no person should suffer harassment" as a result of participating in the political process by signing a petition. He added that the Constitution protects people from "intimidation."
Protect Marriage Washington's argument echoed that of pro-Proposition 8 forces in California, who complained of isolated incidences of vandalism and violence following the antigay ballot measure in the federal case against Prop. 8, currently before a U.S. district judge. Bopp compared an effort to disclose the names of antigay proponents in Washington to the disclosure of Prop. 8 supporters, many whose names and addresses were publicized following the ballot measure.
Several justices appeared skeptical of Bopp's arguments, however. Justice Antonin Scalia, who has historically voted against protecting anonymous speech, was particularly aggressive in questioning Bopp, saying that, "Running a democracy takes a certain amount of civic courage."
"The First Amendment does not protect you from criticism, or even nasty phone calls when you exercise your political rights to legislate," Scalia said.
Scalia told Bopp that he is asking the Court "to enter into a whole new field" by asking the justices to overturn Washington's open records law.
"The people of Washington evidently think that this is not too much of an imposition upon people's courage, to stand up and sign something and be willing to stand behind it," Scalia said.
Scalia further ridiculed Protect Marriage Washington's attempt to block disclosure of the signatures, calling the arguments "touchy-feely."
"I'm sorry, Justice Scalia, but the campaign manager of this initiative had his family sleep in his living room because of the threats," Bopp said.
"Well, that's bad," Scalia replied. "The threats should be moved against vigorously, but just because there can be criminal activity doesn't mean that you have to eliminate a procedure that is otherwise perfectly reasonable."
Washington attorney general Rob McKenna argued that public disclosure of petition signatures, is, like campaign contributions and voter rolls, vital to the state's interest in protecting against fraud.
In his last oral argument prior to his retirement this summer, Justice
John Paul Stevens questioned whether keeping petition signatures
private would also stifle political debate. "Would it be legitimate
public interest to say, 'I would like to know who signed the petition,
because I would like to try to persuade them that their views should be
modified?'" Stevens asked.
Bopp argued that such public interest would be "marginal."
However, if the Court rules in favor of Protect Marriage Washington, Volokh says it raises the question of whether states can reveal other types of currently public information in the political process -- including voters' party registration in primary elections.
Originally signed into law last year by Washington governor Christine Gregoire, the domestic partnership bill was subject to a referendum after groups opposed to LGBT rights collected 138,000 signatures -- more than the required amount to qualify a ballot measure.
A majority of Washington voters approved the expanded domestic partnership rights for same-sex couples in November.
Following the referendum, Protect Marriage Washington sued to block the release of the signatures it had collected, fearing that those in favor of stripping gays and lesbians of expanded domestic partnership rights would face harassment and retribution.
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Tristan Snell, who brought down Trump University, sees conviction in hush money case
April 22 2024 7:36 PM
Joe Biden admin marks Earth Day with major environmental initiatives
April 22 2024 4:18 PM
Texas Gov. Greg Abbott: 'We want to end' trans and gender nonconforming teachers
April 22 2024 4:13 PM
Nonbinary 17-year-old killed two years after being reported missing
April 22 2024 3:46 PM
Pride
Yahoo FeedIndulge in luxury and sensuality with The Pride Store’s Taurus gift guide
April 22 2024 11:46 AM
The gay man leading the Earth Day Initiative offers hope for the future
April 22 2024 9:00 AM
Pattie Gonia takes drag and fierceness to Capitol Hill to voice environmental concerns
April 22 2024 8:23 AM
Jodie Foster leaves her mark in cement at L.A.'s Chinese Theatre
April 22 2024 7:55 AM
Climate change has a bigger impact on LGBTQ+ couples than straight couples. Here's how
April 22 2024 7:42 AM
Iraq postpones vote on bill punishing gay sex with death
April 20 2024 1:31 PM
Russian poetry contest bans entries from transgender poets
April 20 2024 1:25 PM
Here's who won 'RuPaul's Drag Race' season 16
April 20 2024 1:01 PM
The Tip Off: A beginners guide to the WNBA
April 20 2024 11:06 AM