Justice Kennedy reinstates judge’s order to keep private anti-gay petition signers in WA state

[usregimechange]

Supreme Court Justice Anthony Kennedy has temporarily blocked Washington state officials from releasing the names of people who signed a ballot measure on gay rights.

Kennedy's ruling Monday temporarily blocks a federal appeals court ruling last week that ordered the release of the names. Kennedy said his order would remain in effect while he considers a request by a pro-marriage group that asked him to reverse the appeals court ruling.

The case involves Referendum 71, a ballot initiative that asks Washington voters to approve or reject the state's so-called "everything but marriage" law, which grants registered domestic partners the same legal rights as married heterosexuals.

A group called Protect Marriage Washington circulated a petition to put the domestic partnership law before the voters. Under the Washington state constitution, voters have the power to reject any law through the referendum process.

http://seattletimes.nwsource.com/html/localnews/2010094187_apwadomesticpartnerships2ndldwritethru.html


In September, U.S. District Judge Benjamin H. Settle temporarily barred state officials from releasing the identities of those who signed the referendum petitions. The disclosure was sought by groups named WhoSigned.org, KnowThyNeighbor.org, and the Washington Coalition for Open Government; their plea was based on the state’s public records act. Those groups have said the signers should be identified so that the public knows who is behind Referendum 71, and so that those supporters can be challenged personally.

Judge Settle’s temporary injunction was itself blocked last Thursday by the Ninth Circuit Court. The Circuit Court panel said only that Judge Settle had relied on “an incorrect legal standard.” It said, however, that it would issue “expeditiously” an opinion explaining its action.

In asking Justice Kennedy to put back into effect the bar disclosure of the signers’ identities, Protect Marriage Washington argued that state officials have suddenly changed a long-standing practice of keeping confidential the identities of those who signed referendum petitions. The group said the signers fear hostile confrontations, and noted that their campaign manager had received death threats. The application contends that there is no compelling state interest in forcing the disclosure of these identities.

Justice Kennedy has the authority to act on the application himself, or to refer it to his colleagues for joint action.

http://www.scotusblog.com/wp/plea-for-petition-signers-privacy/#more-11876


Justice Kennedy's order

"IT IS ORDERED that the order of the United States Court of Appeals for the Ninth Circuit, case Nos. 09-35818, 09-35826, and 09-35863, issued October 15, 2009, which stayed the district court’s order granting a preliminary injunction, is hereby stayed. The September 10, 2009, order of the United States District Court for the District of Washington, case No. C09-5456BHS, therefore remains in effect pending further order of the undersigned or of the Court."

http://www.scotusblog.com/wp/wp-content/uploads/2009/10/AMK-order-09A356-10-19-09.pdf


District Judge whose order temporarily Justice Kennedy reinstated

Settle, Benjamin Hale
Born 1947 in Olympia, WA
Federal Judicial Service:
Judge, U. S. District Court, Western District of Washington
Nominated by George W. Bush on January 9, 2007, to a seat vacated by Franklin D. Burgess; Confirmed by the Senate on June 28, 2007, and received commission on July 2, 2007.


State of WA response
http://www.scotusblog.com/wp/wp-content/uploads/2009/10/response-09A356.pdf

[KT2000]

1. I don't get this

those documents have always been public.
If I write a letter to a state agency, it becomes part of the public record and must be disclosed, with my name, under freedom of information.
This is just protecting their own.

[usregimechange]

2. A new order by the whole court sides with Kennedy except for:

Justice Stevens would deny the application.

http://www.supremecourtus.gov/orders/courtorders/102009zr.pdf