Legal War For WA State Sunshine Law
joeszilagyi writes "In a major battle in Washington State, anti-gay rights groups created and got R-71 on the 2009 election ballot. This is a public initiative to put same-sex civil unions up for public vote. The real legal war then erupted: activists created WhoSigned.org to take advantage of WA state's Public Records Act, and put the names of all people who publicly endorsed R-71 on a public, SEO-optimized website. Lawsuits quickly followed, and today it reached the United States Supreme Court, in a matter of months. The records appear to have always been public, but have only been available in digital form since 2006. An assault on civil rights, an assault on marriage, or an assault on sunshine laws and freedom of information?"
is passed in every legislative session.
Best Slashdot Co
Since you asked.
Did anyone really expect their participation to be secret? It's a public vote; they should be tracked for verification. Anyone who signed should have understood that as well-informed adults. Anyone who didn't has no excuse for being upset over this. If they didn't want people to know they support gay rights they shouldn't have signed it.
-SaNo
Shame that's not true. Oh well...as they say, it's the old people that are opposing gay marriage the most. We just have to wait a few years, then we can re-send gay marriage laws all over the country and finally get this biblical fear knocked out. I mean really, what year is it?
put the names of all people who publicly endorsed R-71 on a public, SEO-optimized website.
So you're telling me that you can sue someone for publicly telling everyone (via a website) something you publicly told everyone?
Look, mate, when you sign a petition, what you're doing is saying to anyone who cares to listen in the world that you endorse the views of the petition. If you aren't willing to attach your name to what the petition says, don't sign it.
I am officially gone from
that their signature remained secret, however no one should have to put up with an organized intimidation process which is the new method of choice. Seeing the pubic exercise their opinion has so offended certain elements out there. As such these same elements intend to use intimidation while expertly avoiding stepping over the line or just not getting caught to get any big names on their to back down or pay up.
In other words, the names should be protected based on what we know these elements will do with them. We cannot have the democratic process circumvented by threats and intimidation. I am all for treating these signatures like votes, off the public record. keep them private. If only to stop the new tactics.
This is similar to why Unions want Card Check, to intimidate their way into power. Freedom of expression is freedom from fear
* Winners compare their achievements to their goals, losers compare theirs to that of others.
It's all about gay marriage. Neither group involved cares about any of the rest of that stuff.
Personally, I don't get it; so long as you don't make me marry a person of the same gender against my will, why do I care what you do? Don't pretend there aren't same-sex families already; according to one of the links, 18% of same-sex couples in Washington state are raising a child under 18.
I do have a tiny little bit of sympathy for the signers of the petition; I don't think people really understand the legal details behind the signing of a petition, and many of them many have assumed that it was as anonymous and protected as voting.
One shouldn't take a stand that involves limiting someone else's rights but only be willing to do it anonymously. That's just chicken shit.
And if you just shrugged and signed because your neighbor, coworker or fellow church goer asked you too without actually believing it, that's chicken shit too.
The preferred solution is to not have a problem.
So... my only real religious belief is in the Streisand effect, so someone please provide a torrent and a wikileaks link to the list of names.
http://en.wikipedia.org/wiki/Streisand_effect
Note, that some people on the list did not sign the petition, if you know what I mean. Someone could have sat down with the parish directory, or my kids elementary school family book, or my employers phone directory, or my ham radio club mailing list, etc, and "helpfully" signed me up, to "save me the time of signing myself up". I think that is the real reason they are fighting the publicity, heck, I'd file suit if I learned someone put my name on that list of ignorant hillbillys, as that would obviously defame my reputation...
"Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
that their signature remained secret, however no one should have to put up with an organized intimidation process which is the new method of choice
There is nothing "new" about it: so-called "Christians" and "conservatives"--probably many of the same kind of people who have signed this petition--have been using organized intimidation of minorities for two centuries. And they haven't stopped at intimidation: they have killed, injured, and discriminated.
Seeing the pubic exercise their opinion has so offended certain elements out there. As such these same elements intend to use intimidation while expertly avoiding stepping over the line or just not getting caught to get any big names on their to back down or pay up.
That is outrageous. For decades, gay rights activists have put their lives on the line to fight for safety, security, acceptance, and civil rights. Many have been murdered, more beaten up merely for speaking out, and many have lost their jobs. They have been vilified and persecuted. But finally, they have been making some headway.
Now a minority of bigots wants turn back the clock and they don't even have the decency and honesty to stand up and identify themselves when putting a referendum on the ballot?
This is similar to why Unions want Card Check, to intimidate their way into power. Freedom of expression is freedom from fear
This has nothing to do with "freedom of expression". These people can spew their bigotry in complete anonymity if they like; our laws and our Constitution guarantee that.
But once they want to put a referendum before the voters, they do not have a right to do so anonymously. The public has a right to know where these kinds of referenda come from.
The people putting this referendum on the ballot are not "the public", they are a bigoted minority. And their attempts to shield their names is like the robes of the Ku Klux Klan. Any legal issues aside, it is despicable, and it is despicable that you would defend them.
Statements such as these:
"Against such a threat... I think anything is justified."
Public condemnation and exposure is a tactic used by most groups, and particularly favored by those who support Washington Senate bill SB5688, which would institute civil unions in Washington state between persons without restriction on gender.
Somehow, when it comes to 'outing', it doesn't feel very good after all.
I personally believe the law permitting access to the signatures should stand. It was a petition, not a ballot. And you should at least have the courage to proclaim your convictions.
And presenting referenda proposed virtually in secret will lead to more than just increased fraud and abuse of the system. It will virtually invalidate the process.
One more reason I don't sign those well-meaning but misguided petitions that infest balloting places here in Arizona, and didn't when I lived in Maine, where the initiative is the favorite tool of the intense and driven minority that is convinced they are not merely right, but chosen as the singular instrument of justice on Earth. Such pleas are designed to take full advantage of our misinformation culture. A pox on them. Let them eat the same cake they baked.
deleting the extra space after periods so i can stay relevant, yeah.
Except this wasn't a vote. Thanks for playing, though.
How about if you're a normal liberal who does believe in personal responsibility, believes that the scientists are right and that not only are there gay human beings but that many other species have an analog, that this is a result of genetic makeup and prenatal environment, and that gay people can no more help being attracted to the same sex than I, for instance, am attracted to the opposite one? How about if you're a Liberal who believes you right wingers are a collection of mindless buffoons endlessly repeating what your shock radio cheerleaders tell you, and that it's us Liberals who are responsible for almost all human progress, while your lot, from Southern Baptists to the Taliban, want to drag us back screaming and kicking into the Dark Ages?
Well, then we might think you're just another racist/homophobe spouting a load of offensive bullshit. And your point is?
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Gay rights activists go too far. It's one thing to demand a right to do what seams right to you, its another thing to lash out against those who express any kind of disapproval. .
Let's take away your ability to marry, and then see if you might be so inclined to lash out in any way. Perhaps when your loved one is dying in the hospital, and you are not allowed to go see her. Would you sit quietly by? I doubt it.
Reply to That ||
If you tell people their signatures are confidential, that makes it harder for newspapers to double-check for fraud.
If you tell people their signatures are public, it can create a chilling effect, especially for those whose friends, employers, or supervisors are opposed to the issue on the petition.
Yes, signing a petition may mean "I think this should be voted on, even if I disagree with it" but your friends, employer, or supervisor may read it as "I agree with the issue" and no amount of explaining will say otherwise.
Also, if signatures are made public and easily searched, NOT signing a petition may also get you into trouble with friends, employers, or supervisors. Imagine a work environment where NOT signing petitions that relate to certain issues gets you shunned by your peers, with the result that your boss, not knowing what is really going on, thinks you are not a team player and sidelines you and your career stalls.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
We're not talking about politicians here, we're talking about private citizens, so yes, it's obvious you didn't RTFA.
Marriage is between a man and woman.... anything else can NEVER be called marriage... Period...
Why can't we call it marriage? I do and 48% of Californians agree with me. Ask us again in 2010 and it will be 49%. Ask us in 2012 and it will be 50.1%. Inevitably, Gay Marriage will be recognized as a right and our grandchildren will be shaking their heads that this was really ever a debate.
if the majority of the public really DOES agree with them there should be no risk of ostracism.
So this is what "the land of the free" now becomes. You are free to do whatever you want, say whatever you want, as long as the majority of the public agree with it.
Whatever happened to the "I don't agree with what you say, but I will defend your right to say it" ideal?
And to split hairs, homosexuals currently have the right to marry. A homosexual man can marry any woman who sees fit agree, and a homosexual woman can marry any man who sees fit to agree. As a heterosexual man, I do not have the right to marry any man. Seems pretty clear and equally applied. Man marries Woman.
You make me sick. Homosexuals currently have the right to marry....only within the context already defined. They do not have the right to marry the person they love. You do.
Please go back to kindergarten and learn the difference.
So that they can be as miserable as the rest of us married folk!
"Action without philosophy is a lethal weapon; philosophy without action is worthless."
If they were the same it would be called 'voting'. It is not. It is a public record and should be treated as such. If people do not have the strength of their convictions then they shouldn't sign it. That is the point of peer pressure. It molds society into what is acceptable and what is not.
If someone steps over the line and takes illegal retribution against someone who signed a petition after that info was made public then they would be in the wrong and handled under the law. If someone signs onto a discriminatory petition and is treated badly (but legally) as a result, once it becomes known, then they've reaped what they've sewn.
Look at the larger picture and don't be instantly knee jerk about it, logic it out further jus *one step more*.
The government should have *nothing* to do with who you live with or "marry" in any outside ceremony. If the straight and gay folks would realize this, that they have a 100% common beef with STATE PERMISSION to marry, they could lobby TOGETHER to get all governmental laws about marriage just removed from the books. Instead, once again like they always do, the governmental goons use that old tired 'divide and keep them conquered' routine to keep you in serfdom.
Any sort of personal economic or custody issues can be addressed by *private contract*. YOU and your partner(s) decide how to run your affairs entirely, fullstop.
I mean really, say from the religious and very hetero side, which keeps fighting to stop gay marriage, what business of government is it that you need a PERMIT, permission, and LICENSE to get married? None, you can do it like they did in ye olden days, with your pastor and community, and that's it. The heteros are suffering under that same delusion that they need "permission" to marry, and keep fighting for less freedom for themselves! And now all the gay folks want that same thing?!? Nuts! Crazy! "Please government, we beg you and petition you, take away more of our rights and sell us a piece of paper permission slip, signed by one of your useless kommisars!"
See how crazy that is?
Get the stupid state and government out of the marriage "permission" business entirely, FOR EVERYONE, all of the above, "we the people", it is no longer needed, if ever it was, and it should be illegal because of freedom of association born with rights.
And if you look back in history, a lot of the first state "licenses to get married" were jim crow racist laws designed to prevent interrace marrying, now they are the "norm" when they should have all been repealed. (incidentally the same with some of the earlier "gun laws", they were racist in origin then got extended to the population in general)
Repeal the marriage "license" entirely, and all the ancillary stupid laws around that, (like tax issues and your hospital visit issues, etc) don't seek and fight and lobby to extend that abomination of statist power and control. What the heck do you want governmental restrictions for? Makes no sense, the better solution is end it entirely.
Straights, gays, Bis, and all the otherwise out there, the polygamists and polyandrous-ists, all of the above, could all unite behind that, and end this state control nonsense once and for all.
That's FREEDOM, that's EQUALITY.
Because voting has safeguards that were meant to prevent dead people from voting, live people from voting twice, and imaginary people from even showing up at the polling place. Notwithstanding the matter of the effectiveness of those safeguards or the manner in which our less than upright politicians have attempted to circumvent them, petitions have none of these.
Additionally, even if these were 'codified' into the manner in which petitions were made, the entire point of a petition is "We proudly support this idea and are the ones that put you in office, do it!" That implies you are willing to take a stand on it.
PS. You don't have to go through the 'petition' stage to get to the 'voting' stage. It's just as possible for you to walk into your congressman's office and have a nice private chat with him.
For those looking in from outside the US borders, an initiative petition is a document filed by a group of ordinary citizens asking that a particular issue be put up for election. Amongst other things, it is required that a certain percentage of voters sign the initiative indicating that they feel it should come up for a vote.
I have signed referendums and initiatives both for causes I intend to vote for and for causes I intend to vote against. My signature on an initiative is an indication that I agree that we should vote on it. It is not an indication of which way I will vote.
TFA states "signers of the petition fear hostile confrontations". If true, this must be addressed. The courts seem like a good place to determine if the fear is well founded, and if so, the legislature ought to figure out how to address it.
BTW, I am not a resident of Washington, so my name can not appear on this initiative. Please don't confront me hostily :-).
No, it's exactly the same. Excuse the oversimplified terms:
- A black man can marry a woman of the same race; he can not marry a woman of a different race.
- A white man can marry a woman of the same race; he can not marry a woman of a different race.
Compare:
- A homosexual man can marry a woman; he can not marry a man.
- A heterosexual man can marry a woman; he can not marry a man.