Statement of Anne Levinson, in Response to U.S. Supreme Court ruling in Doe v. Reed

Statement of Anne Levinson, Chair, Washington Families Standing Together

in Response to U.S. Supreme Court ruling in Doe v. Reed

(note: WAFST led the Approve Referendum 71 campaign & is a respondent in Doe v. Reed)

The Court has made clear today that public disclosure requirements are an important means of making sure measures are not put on the ballot by fraudulent means or mistake.

“Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures. Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot. In light of the foregoing, we reject plaintiffs’ argument and conclude that public disclosure of referendum petitions in general is substantially related to the important interest of preserving the integrity of the electoral process.”

This 8- 1 ruling by the highest court in the land is a significant defeat for those who have sought to enshrine discrimination into law at the ballot box. Nowhere is the integrity and transparency of elections more important than where the ballot box is being used in an attempt to take away fundamental rights. Nowhere is it more important for the public to know that attempts to affect the lives of their fellow citizens by promoting ballot measures are free from fraud and error. Perhaps no other group has witnessed its rights put up for public vote more than LGBT Americans. Social conservatives have used ballot measures in state after state, over more than 30 years, to keep LGBT Americans from being able to adopt children, to marry and even to be protected from discrimination in housing and employment.

This is the third loss for these groups in our state over the past year as they tried to repeal legislation ensuring that all families are treated equally under Washington State law. First the State PDC said no when these same groups tried to hide their donors. Then voters approved Referendum 71, retaining the law, by more than 53%. Now the U.S. Supreme Court has ruled against the proponents’ attempt to undermine disclosure laws.

With regard to the assertion by the anti-gay groups that they would be harmed if petition signatures were subject to public disclosure, as Justice Stevens said in his concurring opinion,

“Any burden on speech that petitioners posit is speculative as well as indirect. For an as-applied challenge to a law such as the PRA to succeed, there would have to be a significant threat of harassment directed at those who sign the petition that cannot be mitigated by law enforcement measures.”

The Supreme Court has in the past allowed narrow exemptions to public disclosure where there's a clear minority party that has suffered both official and societal retaliation by the majority and where there is strong evidence that such disclosure presents a serious threat. With regard to Referendum 71, however, the groups making this claim were not the minority, but to the contrary, were the ones trying to diminish the rights of the minority. They will be hard pressed to convince a judge the record here is otherwise.

In an amicus brief provided to the Supreme Court in Doe v. Reed, a group of political scientists reported that not only was the assertion of alleged harassment unsubstantiated in Washington State, but the plaintiffs did not present a single verified threat to any signer of a ballot measure petition in any state in any election. As their brief said, “More than a million names of signers of petitions for referenda and initiatives opposing gay marriage have been posted on the Internet, yet there is no evidence that any of these signers has faced any threat of retaliation or harassment by reason of that disclosure.”

WAFST applauds today’s decision and thanks all those who filed briefs and supported our collective efforts as we fought over the last year to protect the rights of all Washingtonians.

To Approve Referendum 71 - WE need YOU!

To Approve Referendum 71 - WE need YOU.

If YOU:

1. Vote!

2. Put your stamped ballot in the mailbox

3. Make sure your LGBTQ friends vote

4. Get five straight friends to vote to APPROVE Referendum 71

WE WIN!

Remember - ballots must be postmarked by Tuesday, November 3. And, if you are not already registered to vote, you and your friends can register in person at the King County Elections Office, 9010 E. Marginal Way S., Tukwila, Washington by October 26. You can also drop off your ballot at the same address.

What I've Learned On The Front Lines In Olympia

Referendum 71 — Vote To Approve

By Mona Smith, GSBA Board President

When the Referendum 71 «Decline to Sign» campaign started, I called GSBA member Anne Levinson, Chair of Washington Families Standing Together (WAFST) and Campaign Director Josh Friedes to see how GSBA could assist. I also extended my personal offer to help. Referendum 71 seeks to roll back the third installment of the 2009 domestic partnership legislation.

While not marriage, the legislation provides to LGBT families and senior registered domestic partners all of the rights and responsibilities of married spouses in Washington state. The 2009 legislation included pension and death benefits to partners of first responders and other civil servants as well as the elimination of home studies in second parent adoptions This is a major step in our fight for full civil rights including marriage.

Referendum 71 asks voters whether they want to retain the 2009 Domestic Partnership Bill passed by the legislature and signed by Governor Chris Gregoire. A “yes” vote retains the law; a vote “no” repeals the law.

I received a call from Anne in late July taking me up on my offer to help. She asked if I would assume a leadership role in recruiting observers for the signature verification process in Olympia on behalf of WAFST. In order for Referendum 71 to get on the November ballot, the petitioners must have 120,577 valid signatures from registered voters from the almost 138,000 signatures submitted. As we go to press, the Elections Division in the Secretary of State’s office is in the process of verifying the submitted signatures. This is only the fourth time in 19 years that the Secretary of State is conducting a full review of each and every signature. The target date for concluding signature verification is the end of August.

Each side is allowed to have observers present to monitor the verification procedure. From my viewpoint, being an observer has opened my eyes to what really goes on in the referendum and initiative process. Being part of this process has made me better understand and appreciate our democratic system.

Beyond the task at hand, what is really significant is the collaboration of GSBA members and partners, working together for equality for all. I am proud to be a GSBA member. At the time I am writing this column, we do not know whether Referendum 71 will be on the ballot. I urge

each of you to vote in the upcoming election and if it is on the ballot to get involved. Contact Washington Families Standing Together (206-324-2570 or www.approvereferendum71.org).

All through August, I have been in Olympia almost every day observing the signature verification. I have not been alone. GSBA members have answered the call and generously donated their time in the fight for equality. I want to give big shout outs to GSBA board members Jonathan “Mac” Macaranas, Jonathan Bowman, Kristine Messick and Leah Schulz who have gone over and above the call of duty in Olympia. More shout outs and thanks go to GSBA

members Jeff Maxwell, Alene “Andie” Anderson, Matt Bockus, Don Moreland, Steven McGregor, Jennifer FitzSullivan, Shad Reinstein, and Elizabeth Berns who have given and continue to give so much of their time. Thanks also to our GSBA partners Equal Rights Washington (ERW), QLaw and Pflag - their members have stood shoulder to shoulder with us. I am grateful and indebted to Anne Levinson, Josh Friedes and Legal Voice for giving more time

to this effort than any could have imagined.

— Mona