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The Supreme Court ruled Thursday that the names of people who signed petitions in an attempt to overturn a new gay rights law in Washington could be made public, a victory for state officials who said the case was a test of open government laws.
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Justices ruled 8-1 in a case called Doe V. Reed. Only Justice Clarence Thomas dissented. They heard oral arguments in Washington, D.C., April 28. The ruling dealt broadly with claims by foes of the new gay rights law that disclosing their names would violate their First Amendment rights.
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Washington state officials praised the decision. "This is a good day for transparency and accountability in elections--not just in Washington but across our country," Washington Attorney General Rob McKenna said. "We're pleased the Supreme Court ruled in favor of disclosure, upholding the public's right to double-check the work of signature gatherers and government -- and giving them the ability to learn which voters are directing the state to hold an election on a new law. Citizen legislating is too important to be conducted in secret."
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Protect Marriage Washington asked justices to shield the names of the 138,000 people who signed R-71 petitions in hopes of overturning the "everything but marriage" same-sex domestic partner law. In November Washington voters upheld the new statute. Gay rights groups have said they'll post the petition signers' names online, and some fear harassment or threats if their names are revealed.
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State officials had said there are laws in place to protect people who might be threatened. When people sign petitions or referendums they are acting as legislators, McKenna said, because they are trying to enact or change laws.*
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Writing for the majority, Chief Justice John Roberts said it is vitally important that states be able to ensure that signatures on referendum petitions are authentic.
"Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures," Roberts said. "Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot."
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In addition to the positive ruling, the case also has the side benefit of diverting funds that might otherwise be spent disseminating anti-gay hatred to attorneys fees.
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