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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?"

25 of 1,364 comments (clear)

  1. Wait a minute here by dkleinsc · · Score: 5, Insightful

    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.

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    1. Re:Wait a minute here by DarkOx · · Score: 5, Insightful

      The are not being intimidated. If having your name put on website that lists your participation in a public action counts as intimidation then virtually anything does. I also find the argument people not understanding the difference between a circulating petition and a balloted election a bit of stretch.

      Secret ballot elections make sense, because we want people to be able to vote their conscience free from social pressure. I don't think though anonymity should be an expectation when you are participating in a public debate, and a petition is a form of participation.

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    2. Re:Wait a minute here by Speare · · Score: 5, Insightful

      Signing a petition does not mean that you agree with the views of the petitioner, it just means that you agree that the issue should be brought to a wider vote to decide the matter. I've known plenty of people who would sign pretty much any referendum or initiative in the states that have that process. In their view, it just airs more discussion and opportunities for democracy.

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  2. No one should have expected by Shivetya · · Score: 5, Insightful

    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.
    1. Re:No one should have expected by Roachgod · · Score: 5, Insightful

      While I wish there wasn't this intimidation process... I don't think a person's rights and privileges are up for "vote". I don't want other people deciding how I can and cannot live my life - CERTAINLY when it doesn't involve them. Voting on who OTHER PEOPLE can and can't marry bothers me on a deep level, far away from whether it is 'gay' rights or 'racial' rights or... I don't know.... 'alien' rights. I am all for life, liberty, and the pursuit of happiness. Voting on other people's marriages seems an offense against all three. Against such a threat... I think anything is justified. Kudos to the intimidators for not just shooting them all.

    2. Re:No one should have expected by JerryLove · · Score: 5, Informative

      The discussion is over the legal recognition of said marriage.

      Actually, this discussion is over a website listing in a searchable way those who signed a petition to put gay-civil-unions on a ballot.

    3. Re:No one should have expected by AndersOSU · · Score: 5, Insightful

      In a democracy there are two ways to participate in politics. One is to exercise your right to vote in secret. The other is to publicly organize. A petition is not a vote, it's a public statement that "I support initiative X." As a public statement the speaker assumes the risks associated with speaking out in public - such as the possibility that your friends and neighbors will find out your opinions. Intimidation and harassment are illegal and these laws should be enforced, but petitions are public for a reason and should stay public regardless of whether or not some bad actors will do bad things. Participating publicly in politics is risky, which is why you're under no obligation to do so. If signature gathering efforts for ballot initiatives or to get a candidate on a ballot become private they risk becoming about as important as internet petitions and polls. When you sign a petition, you're literally putting your name on the line - which is what gives them the impact that they have - if it's anonymous and cannot be publicly verified no one will believe you when you say we have Y signatures. What's more these are most certainly not new tactics - the declaration of independence was essentially a petition, and the signatories certainly faced consequences for attaching their names to the document. Do you suppose that the declaration would be held in such high esteem had it been signed by BenLightning and SamTEHdrunk?

    4. Re:No one should have expected by d3ac0n · · Score: 5, Insightful

      So, because some OTHER people, in the past, have wrongly beaten up and attacked (or, worse, killed) some Gays, then it is OK, to do the same to OTHER completely innocent people who had nothing to do with, nor condone the violence perpetrated against some gays?

      Wow. How humane of you. I assume you also believe in punishing children for the evils of their parents?

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
  3. Re:Sick of the anti-gay groups by Nursie · · Score: 5, Insightful

    What a load of utter bullshit. I'm sorry but rarely have I ever heard such a fountain of total nonsense spew forth, here or elsewhere on the internet (with the possible exception of /b/).

    For laws that are even less specific, would you prefer to have the ability (or let others have the ability) to marry animals or inanimate objects?

    False equivalence. One is a conscious, sentient adult, the other is an animal. Or an inanimate object. You're an idiot.

    agree there is nothing wrong with interracial couples under the premise a person has no control over their race

    So if skin colour was a choice you'd be happy to discriminate? Gotcha. You're a hateful, dumb, bigot.

    I'm also someone who believes a person *does* have control over their sexual preferences

    Totally irrelevant. If it's a choice it's their choice, not yours, and doesn't affect you in any way.

    and therefore should not get special treatment if they choose a preference that goes against societal standards.

    Nobody's asking for special treatment, they're asking for equal treatment, and you're clutching at straws to try and deny it.

    Of course, if you are a liberal who believes there is no personal responsibility and by extension you have no control over your sexual preferences then you believes that you are being treated unfairly in the eyes of the law when you are told you cannot marry someone of the same sex.

    Where to begin?

    Liberal used as an invective (sure sign of an underdeveloped brain), non-sequiturs galore and yet more crap.

    Why is sexual preference linked to responsibility? What is irresponsible about homosexuality? And I'm not inviting you to spew more stereotypical nonsense about promiscuity here, what is irresponsible about the fact of homosexuality itself?

    Basically, you're wrong and pretty dumb. Or a troll, I'm not sure which.

  4. Turn the tables by jDeepbeep · · Score: 5, Insightful

    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.

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    Reply to That ||
    1. Re:Turn the tables by jDeepbeep · · Score: 5, Insightful

      I can't marry my dog, what's your point?

      Same sex marriage is not comparable to marrying your dog. Please troll in a less obvious manner.

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      Reply to That ||
    2. Re:Turn the tables by CensorshipDonkey · · Score: 5, Insightful

      A dog is not a consenting adult. What difference does it make which consenting adult you marry?

    3. Re:Turn the tables by andymadigan · · Score: 5, Insightful

      It's more than that. In NYS there are over 1000 rights (1400 or something?) that are reserved for married couples. The total cost of getting each of them that you can without a marriage is in the thousands of dollars, and it takes *a lot* of time to get done. There are others for which the only legal avenue is marriage. Many private institutions such as employers only recognize marriage for certain benefits, and hide behind the "well you're not really married" defense to cover their bigotry.

      This is in NYS, which has NYC and Rochester, plus Toronto not far away. I can only imagine what it's like in Washington.

      --
      The right to protest the State is more sacred than the State.
    4. Re:Turn the tables by mixmatch · · Score: 5, Insightful

      I always wondered why marriage has anything to do with the government anyway.

    5. Re:Turn the tables by Rob+Kaper · · Score: 5, Insightful

      From my point of view, the state/government should get out of the "marriage" business all together. It should be a religious state. Just have civil contracts to define "partners" rights.

      Agreed.

      However, governments insist on calling those contracts "civil marriage". And because of that wrong label same-sex couples cannot enter into such a contract together.

      (Personally I don't care whether they fix the criteria or the label.)

    6. Re:Turn the tables by Maxmin · · Score: 5, Informative

      My sister married a gal from a wealthy family. They've spent over $20,000 on legal documents, trusts and related nonsense in order to ensure they have *some* of the rights entitled to heterosexual couples. And that's just for things that matter to courts - they can't change laws which grant rights only straight family members (visitation, child privileges, etc.)

      --
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    7. Re:Turn the tables by NiceGeek · · Score: 5, Insightful

      "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."

      'And to split hairs, blacks currently have the right to marry. A black man can marry any black woman who sees fit to agree, and a black woman can marry any black man who sees fit to agree
      As a white man, I do not have the right to marry any black woman. Seems pretty clear and equally applied"

      Are you freaking serious?

    8. Re:Turn the tables by DJRumpy · · Score: 5, Insightful

      Because marriage is a civil union. You have it backwards. The whole church involvement is simply a nice ceremony. It has no authority to do anything until the government validates the marriage. You could get married all day in church and it would mean nothing until you file the proper papers. Try to get married five times and the church wouldn't know you had, and certainly couldn't come after you. The government on the other hand, certainly could.

      Now from the other perspective, if you go the government, and get a marriage performed, there is no church needed.

      See the difference?

      This is the part that the church and organized religion fails to understand. They are taking a civil issue and trying to push their religious views into it. Granting civil unions, or even marriage to two people doesn't harm them in the slightest. It might affront their beliefs, but there is simply no harm done to them personally, and that is an important distinction.

      Separation of church and state doesn't protect the government from religion. It protects you, me, and everyone else from government sponsored religion. That is what makes these "defense of marriage" acts so wrong. There is no provable harm in these civil unions, and when they state that it is 'morally wrong according to the bible', they are essentially forcing government sponsored religion onto US citizens when these acts are passed even if these citizens are not followers of the bible. The 'harm' is stated in a religious document. There is no prove-able harm outside of the bible.

    9. Re:Turn the tables by spun · · Score: 5, Insightful

      You should be able to marry your sister. And if genetic screenings say you won't make web footed duck babies, you should be able to have kids with her too. But you should be able to marry her in any case. Marriage isn't necessarily about procreation, if it were, then barren couples wouldn't be allowed marriage either. Your sister and you are adults, you can consent, why shouldn't you be able to marry? Just because some people think its gross? Some people think mixed marriages are gross, too.

      The institution of marriage has a stabilizing effect on society. This occurs whatever the partners' sexual orientation or capacity to breed. Married couples tend to be more stable and responsible. Marriage is a positive institution. Why deny that to homosexuals?

      You see, you are advocating denying people the right to marry whom they choose. That does not impact anyone else except in indirect but positive ways. You need to justify this abrogation of rights. How will denying homosexuals the rights to marry benefit society? You can't just compare homosexual unions to bestiality or incest without more complete reasoning. You appear to be trying to appeal to emotions rather than using logic. You say, 'you can't marry your sister,' but you don't state why you can't, or how the case of sibling incest is similar to homosexuality. Sure, it's a step up from comparing homosexuality to bestiality, but not by much.

      You are the one making outrageous claims. You are the one advocating harmful actions against oppressed minorities. You need to justify your claims as best you can, rather than making cheap appeals to emotions. If you don't even attempt to justify your position logically, people are correct to disrespect you.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  5. Re:Sick of the anti-gay groups by NiteShaed · · Score: 5, Insightful

    BTW for those of you who say that it is discrimination, gays are allowed to marry. They just aren't (in most states) allowed to marry someone of the same sex, but then neither are straights.

    And following that logic inter-racial marriage wasn't discrimination either. Blacks weren't allowed to marry outside their race, but then nether were whites.

    --
    Some bring out the best in others, some the worst. Some bring out far more.
  6. Re:The Law of Unintended Consequences by AndersOSU · · Score: 5, Insightful

    this is not an unintended consequence.

    Petitions have always been public, and sunshine laws let the public see public records.

    The only unintended consequence is that some activists are unhappy that they're being associated with the movement they support.

  7. Re:The Law of Unintended Consequences by commodore64_love · · Score: 5, Insightful

    >>>some activists are unhappy that they're being associated with the movement they support.

    Wow.

    Terrible.

    The horror.

    /end sarcasm. If you support a cause then you ought not be ashamed about it. Hand me that petition; I'll sign it. I don't care if you marry another man, woman, or a whole bunch of women (harem), and I don't care if you find my name on it. It's a free country and you should be free to marry whoever you want to marry. That's what freedom means. ----- Now as for the extra benefits of marriage - those are the things that should be eliminated. A guy and girl who are just living together shouldn't feel pressured to get "married" just to reduce their taxes. Even when married they should still pay the same tax as when they were two singles. I believe in equality - all individuals treated identically.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  8. Re:The Law of Unintended Consequences by skine · · Score: 5, Interesting

    Just because they don't want their names to be seen does not mean that they are ashamed.

    Perhaps they're afraid of what might happen to them personally if their name is found.

    For example, if a southerner had signed a petition favoring the right of black people to vote, they would damn well hope that it was anonymous. Not out of embarrassment, but out of personal safety.

    Anonymity is the better option in these situations, since it provides an accurate count of how many people actually agree with the cause, not the number of people who will openly admit to it.

  9. R-71 has absolutely nothing to do with gay marriag by Kate6 · · Score: 5, Informative

    The important thing to know about the situation in Washington is that no one is actually looking to change that. R-71 is not in any way shape or form about gay marriage. It's about domestic partnerships. In May of 2009, Washington governor Christine Gregoire signed into law Senate Bill 5688, the "everything but marriage" bill, which makes it so that within the state of Washington, domestic partnerships will have the exact same legal rights and responsibilities as married couples. Hospital visitation rights, inheritance rights, power of attorney rights, the right to adopt and raise children... All the things that two consenting adults who love each other and are genuinely committed to each other oought to have. This bill did not in any way shape or form suggest that domestic partnerships should be recognized as marriages, though. (See this article and the actual text of the bill).

    And before someone tries to argue with me about the right to adopt... I'd like to point out that the reality of the situation is that there's tons of kids out there growing up in foster care, and that growing up in a home with 3-4 other children you aren't related to, some of whom were taken from their parents because the parents were neglectful or abusive, is known to frequently be a very traumatic experience. Whereas being raised by a gay couple would, at most, subject you to some teasing from other children at school.

    R-71 is an attempt to overturn SB 5688. Plain and simple. It has nothing whatsoever to do with gay marriage. It is not in any way shape or form related to any religious belief. Washington State has never contemplated the issue of gay marriage. I've seen plenty of conservative literature claiming that gays "already have all the same rights" so that the "attack on traditional marriage" has to be about something other than basic human rights.

    Well, at least in Washington, it very definitely isn't. (Oregon has actually had similar legislation in place for a few years now.) Gays are in no way shape or form interested in being allowed to legally use the word "marriage" to refer to our relationships here. We're only interested in having all the equivalent secular, legal rights. And R-71 is a vote about whether or not we should have those rights. But of course... There's a highly deceptive campaign going on with regards to it... And many of the people going in to vote on it may in fact have been led to falsely believe that they're voting on something related to gay marriage.

  10. Re:The Law of Unintended Consequences by Chyeld · · Score: 5, Funny

    Yes, because historically we've had mobs of gay rights activists who have rioted, killed, and otherwise physically assaulted and intimidated straight folk. That's what "gay rage" means, right? ...

    What? You mean it doesn't?