Supreme Court Reply Brief to Protect Petition Signer Privacy Filed


Bopp, Coleson & Bostrom
1 South 6th Street
Terre Haute, IN 47807-3510

PRESS RELEASE
Tuesday, April 20, 2010
Contact: James Bopp, Jr.
Phone: 812/232-2434; Fax: 812/235-3685; This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Yesterday, Protect Marriage Washington filed its reply brief in the United States Supreme Court case of Doe #1 v. Reed. Protect Marriage Washington is asking the Court to decide whether the Washington Secretary of State may release the names, addresses, and other personal information of over 138,000 individuals who signed a referendum petition that sought to protect traditional marriage in Washington.


Washington's Secretary of State seeks to release this personal information to groups who have stated that they will place this personal information on the internet, and aid those who wish to harass and intimidate anyone who publicly supports traditional marriage. Efforts of these and similar groups have resulted in death threats, physical violence, and property damage directed at individuals supporting a traditional definition of marriage in Washington and across the country.

 

James Bopp, Jr., lead counsel for Protect Marriage Washington, stated that "The First Amendment allows individuals to engage in political speech without being forced to reveal their identities. When public disclosure laws like those in Washington force people to reveal themselves, individuals cannot speak without worrying about threats to themselves, their families, or their jobs. The State of Washington should not be allowed to encourage this violence and intimidation by requiring citizens engaging in political speech to identify themselves."


On September 10, 2009, the U.S. District Court for the Western District of Washington issued an order preventing the release of the names of the petition signers.  On October 15, 2009, the Ninth Circuit issued a single page order allowing the release of the names.  On October 20, 2009, the Supreme Court issued an emergency order preventing the release of the names until the appeal is decided.


The case is Doe #1 v. Reed. It will be argued before the United States Supreme Court on Wednesday, April 28, 2010. Protect Marriage Washington's briefing, along with the prior orders in the case, are available on the website of the James Madison Center for Free Speech, http://www.jamesmadisoncenter.org, under the "Doe v. Reed (S. Ct. 2010)" heading.


James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society.
 

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Mission

The mission of the new PAC is to organize the effort to gather the 120,577 required signatures for Referendum 71 by July 25, 2009 to bring the controversial Senate Bill 5688 before the voters of Washington State in November. SB 5688 is a 110 page document which includes the phrase "marriage shall apply equally to state registered domestic partnerships" 180 times.

 

SB 5688 was packaged and presented to the legislature as a Domestic Partnerships expansion of benefits. In truth, it will demolish the state's historical understanding and definition of marriage as that of uniting a man and a woman for life as Washington State will immediately become subject to litigation by same-sex partners demanding that the courts overturn the Defense of Marriage Act and impose "same-sex marriage" (as happened recently in California prior to Proposition 8).