Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

June-25-10

The US Supreme Court Rules on Doe v. Reed

The US Supreme Court ruled 8 to 1 yesterday that signatories to statewide referendum petitions should be public information. The case, Doe v. Reed (see PDF), arose out of controversy surrounding Referendum 71 in Washington state and dealt with issues of free-speech and privacy. The decision upholds Washington's public-records law.

The decision, which was authored by Chief Justice John Roberts, said, "disclosing signatures help[s] protect the integrity of petitioning by ensuring that only valid signatures are counted toward getting an issue on the ballot," according to the Salt Lake Tribune. Justice Clarence Thomas was the sole dissenting vote and wrote in his dissent that he found the public-records law unconstitutional "because there will always be a less restrictive means by which Washington can vindicate its stated interest in preserving the integrity of its referendum process," according to the Washington Post.

The case has its roots in a 2009 law established by Washington Governor Christine Gregoire, called the "Everything But Marriage Act," according to CNN. This law granted same-sex couples in Washington state all the same rights as heterosexual couples, except the right to marry. In response to the law, an anti-gay marriage group called Protect Marriage Washington collected signatures to force a referendum vote on the issue. Voters ultimately approved Referendum 71, which maintained the state's law and was the first time gay rights were upheld by voters in any state in the US.

In Doe v. Reed, gay rights opponents sought to overturn Washington's public-records law to prevent names signed on the referendum petition from being released. They argued that making the signatures public information could open those individuals to harassment or retaliation, according to the Salt Lake Tribune. James Bopp, an attorney for gay rights opponents, said that opponents of same-sex marriage "have been subject to death threats, vandalism, and even the loss of their jobs" in states where names on petitions have been released, according to the Seattle Times.

In his opinion, Chief Justice Roberts wrote that in specific cases, petition-signers could ask courts to withhold their names from the public if they could prove a "reasonable probability" that disclosure would subject them to harassment, according to the Washington Post. However, several concurring opinions suggested that such claims are unlikely to succeed. Justice Antonin Scalia wrote, "There are laws against threats and intimidation; and harsh criticism, short of unlawful action, is a price our people have traditionally been willing to pay for self-governance." He continued, "requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed," reported the Washington Post.

Media Resources: Doe v. Reed; Washington Post 6/25/10; Feminist Daily Newswire 2/19/10; CNN 6/24/10; Seattle Times 6/25/10; Salt Lake Tribune 6/25/10


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

1/27/2016 Study Exposes 'Gender Gap' in Media Coverage of Reproductive Issues - A new study by the Women's Media Center has revealed more than half of news stories focusing on reproductive issues are written by men. According to WMC Media Watch: the Gender Gap in Coverage of Reproductive Issues, men penned 52 percent of bylines discussing issues of reproductive health care - including contraception and abortion - compared to just 37 percent by women. . . .
 
1/27/2016 Taiwan Elects First Woman President - In a landslide victory, the leader of Taiwan's Democratic Progressive Party (DPP) Tsai Ing-wen won the country's presidential election, becoming the first woman in Taiwan's history to hold the position. Emphasizing her party's commitment to maintaining Taiwan's independence from China, Tsai won over young voters eager to usher in a political changing of the guard following some 70 years of dominance by the pro-Chinese unification party, the Kuomintang (KMT), chaired by presidential opponent Eric Chu. . . .
 
1/26/2016 Anti-Abortion Extremists Behind Planned Parenthood Attack Videos Indicted - Two anti-abortion extremists responsible for last year's misleading videos attacking Planned Parenthood have been indicted on criminal charges by a grand jury in Houston, Texas. On Monday, Harris County district attorney Devon Anderson announced that David Daleiden, the director of the Center for Medical Progress (CMP) - the group behind deceptive videos falsely accusing Planned Parenthood of illegally selling fetal tissue - was indicted on a felony charge of tampering with a governmental record and on a misdemeanor charge related to the purchasing of human organs. . . .