Supreme Court Bans Release Of Referendum Petitions On Gay Partnerships Law

October 21, 2009 8:09 a.m. EST

Washington, D.C. (AHN) - The Supreme Court on Tuesday ordered Washington state not to release names and addresses of people who signed a petition to hold a referendum on a new law granting same-sex couples domestic partnership rights. The ban will be in place until the high court decides on whether to hear an appeal from conservatives who are pushing for the referendum.

Conservative groups led by Protect Marriage Washington want to repeal a law, Senate Bill 5688, that grants more rights to state-registered domestic partners similar to those enjoyed by married couples. They have successfully petitioned for a referendum, called Referendum 71, on whether to approve or reject the legislation adopted this year.

The group has said the law "will demolish the state's historical understanding and definition of marriage as that of uniting a man and a woman for life."

To qualify for the Nov. 3 ballot, sponsors needed 120,577 valid signatures and a rejection rate of no more than 12.4 percent. Last month, Secretary of Sate Sam Reed certified the referendum for the ballot on the basis of 122,007 signatures verified by checkers and an error rate of 11.51 percent, the third lowest in the last two decades.

But a pro-gay group, Washington Families Standing Together, has questioned the validity of the signatures and argued that 35,000 petition signatures were wrongly counted by the state. Organizations such as WhoSigned.org and the Washington Coalition for Open Government also later asked that names on the petition be released under the state's public records act.

Protect Marriage Washington had successfully gained an order from a lower court to keep the names and addresses private, citing possible harassment and retaliation. But last Thursday, the 9th Circuit Court of Appeals ordered the information released. The group subsequently asked U.S. Supreme Court Justice Anthony Kennedy to keep the ruling from taking effect.

Kennedy's order to suspend the appeals ruling was kept in place by an 8-1 vote from the high court.

Reed, who along with state Attorney General Rob McKenna support full disclosure, has expressed disappointment with the ruling.

"The Supreme Court is simply preserving the status quo while opponents of disclosure get their full day in court, and we respect that," he said in a statement. "We continue to support the view of the 9th Circuit and will do our very best to uphold the voters' desire for transparent and accountable government."