Protect Marriage in Washington: Referendum 71
McKenna, Reed, Federal Judge throw 138,000 citizen defenders of marriage under bus
When dialogue and disagreement degenerate into the thuggery of intimidation and retaliation, civility is lost, and with it our liberties.
By Larry Stickney and Gary Randall
October 17, 2011 - Sadly, and in spite of the hundreds of pages of documented examples of threats and reprisals directed at supporters of traditional marriage, not only in Washington but across the country, Federal Court Judge Benjamin Settle ruled on Monday that the 137,500 names on the Referendum 71 petition are now public information.
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Larry Stickney |
Secretary of State Reed and Attorney General McKenna have argued, at great expense to Washington State taxpayers, that the names of the signers should be made public in the name of disclosure. Reed hailed Settle's decision as "a victory for transparency and open disclosure in our state's referendum and initiative process" and said he would release the names immediately.
Protect Marriage Washington's legal team, led by Attorney James Bopp Jr., has filed a notice of appeal of the decision and an emergency motion for an injunction that will be filed in the 9th Circuit Court of Appeals.
Protect Marriage Washington sued the state over 26 months ago to block release of the Referendum 71 petitions when two militant homosexual activist groups vowed to reveal the names of signers on a pair of searchable websites, whosigned.org and knowthyneighbor.org; and to encourage their readers to initiate "uncomfortable conversations" with signers.
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Gary Randall |
Evidence brought forward by Protect Marriage Washington included death threats, extensive vandalism, overt threats of destruction of property, arson and threats of arson, intimidating emails and phone calls, hate mail, mailed envelopes containing white suspicious powder, blacklists, loss of employment and job opportunities, and gross expressions of anti-religious bigotry, including vandalism and threats directed at religious institutions and religious adherents-all for doing nothing more than standing up for traditional marriage. Nevertheless, Judge Settle wrote that Protect Marriage Washington was unable to prove "a reasonable probability that the threats, harassment, or reprisals exists as to the signers of R-71, now nearly two years after R-71 was submitted to the voters in Washington State."
As noted by the Seattle Times on Monday, "in making its case for secrecy, Protect Marriage faced a Catch 22: that it was impossible to show harassment of people whose names were not public."
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Stephen Pidgeon |
Protect Marriage Washington Attorney Stephen Pidgeon called Judge Settle's decision a "dramatic setback to the right of privacy in the state of Washington. There were death threats, acts of violence, harassment and published declarations that there would be harassment. The court erred."
Larry Stickney, Campaign Manager for Protect Marriage Washington said he was "disappointed by the decision but not surprised. After all, we live in the politically correct State of Washington," said Stickney. "What did surprise me throughout the process, however, was the complete lack of empathy and seeming hostility we encountered from the Attorney General's office. Rob McKenna's personal efforts to trivialize the confrontations, the threats, the obscenity laced e-mails and phone calls that we endured may have won him the case, but it will not win him the hearts of 138,000 citizen defenders of marriage in Washington State."
"We have argued that our cause was an unusual circumstance which put pro-marriage citizens who participated in the R-71 initiative process in danger of unwanted threatening calls, contacts or worse, and should be handled with discretion and consideration", said Gary Randall, President of the Faith and Freedom Network. "We have argued that releasing the signatures would create a chilling effect on all future initiative efforts regarding homosexual efforts to redefine the culture. The decision to release the names is bad news for Washington State. I believe there will be more harassment, and I pray to God there isn't more than that".
"Everyone has a stake in this"
October 3, 2011
While the hour is late, we wanted to get a report out to all of our friends, especially to the many of you praying (some of you praying and fasting) around Washington State and other parts of the country for the Protect Marriage Washington legal team.
Having just returned from the Federal Courthouse in Tacoma, it's been a long and emotional day for us. As many of you know, we attended a hearing that started at 2:00pm today (Monday, October 3) at the United States District Courthouse in Tacoma, to argue our side in the case Doe vs. Reed.
At issue is whether the court will allow Washington State to release the names of those who signed the R-71 petition in 2009. As noted in the Seattle Times today, Doe vs. Reed is "now in its 26th month. It has consumed tens of thousands of pages of court filings. Dozens of witnesses have been deposed and the case has used up thousands of attorney hours, some of them pro bono."
After hearing arguments from both sides, Federal Judge Benjamin Settle said today that he will issue an opinion on the case in two weeks.
While it remains unclear which way the judge will rule, our legal team, led by James Bopp Jr. and Stephen Pidgeon, performed magnificently once again. The opposition team was led by Attorney General Rob McKenna's office and lawyers from the Washington Coalition for Open Government and Equal Rights Washington.
Amazingly, and in spite of hundreds of examples brought forward as evidence, McKenna's attorney (Anne Egeler) continues to deny that any harassment whatsoever took place during the R-71 campaign. The AG's strategy is to trivialize the many confrontations, threats, obscenity laced e-mails and phone calls that many of us on our side endured during the campaign, and to redefine clear examples of harassment as protected "political speech."
We believe that our arguments won the day and that we stand a good chance of winning this case!
Pray for Judge Benjamin Settle that he is able make the best possible decision for the future of Washington State citizens, even in the face of pressures brought on by our state's liberal government and media establishments.
Senator Ed Murray has vowed to introduce and pass a Homosexual Marriage Bill in Olympia in January of 2012. Another referendum to the people would immediately ensue. What happens within the next two weeks with Doe vs. Reed will determine whether the next campaign will be civil or confrontational.
If our opponents prevail in this case, the tactics employed by homosexual activists during California's Proposition 8 and Washington's R-71 campaigns will, sadly, become the norm.
As noted by James Bopp Jr., "Everyone has a stake in this."
97.3 Interview
A CALL TO PRAYER FOR WASHINGTON STATE
September 27, 2011
Dear Brothers and Sisters in Christ,
The battle in the Federal Court to protect the names and addresses of those who signed the R-71 Petitions, the Referendum to reverse the domestic partnership law in the State of Washington, is finally coming to conclusion this coming Monday, October 3, 2011.
Judge Benjamin Settle will be hearing cross motions for summary judgment based upon the evidence currently before the court. There will not be a trial, because the Judge has elected to settle the case on existing evidence. We remain hopeful that he will continue to stop Secretary of State Sam Reed from disclosing the names to the groups that have stated that they want to have "meaningful conversations" with petition signers, and who have announced plans to boycott the businesses of signers.
Many of you know that pastors and members of congregations who supported R-71 were the subjects of violence and harassment during the campaign. We can leave all of that behind us now, as we concentrate on bringing prayers for a rightful decision from Judge Settle.
Please pray that the Holy Spirit would guide his decision, and that God would direct his hand in writing his final judgment. Pray that the names and addresses of the signers would continue to be protected from disclosure.
Finally, please pray for Larry Stickney and the lawyers fighting on behalf of Protect Marriage Washington and the petition signers.
God bless, and may the peace of Jesus Christ be with you.
Sincerely,
Stephen Pidgeon
Attorney for Washington Values Alliance/Protect Marriage Washington
