9th Circuit: Names of Referendum Petition Signers Can Be Released

Last month, a federal district court in Washington state enjoined release of the names of individuals who signed petitions supporting a referendum to overturn a recently-enacted state domestic partnership law. The Public Records Act request for the documents had been filed by two gay rights groups that wanted to be able to contact the signers to complain about their support for the referendum. (See prior posting.) In an order issued last Thursday, the 9th Circuit in John Doe #1 v. Ried, (9th Cir., Oct, 15, 2009), cleared the way for release of the names, holding that the district court had relied on an "incorrect legal standard" in granting the preliminary injunction. It said that "an opinion setting forth the reasons for the court’s reversal of the Preliminary Injunction Order shall be issued expeditiously and in due course." The Seattle Times reported Thursday that Protect Marriage Washington, the group supporting the referendum, will seek en banc review of the 3-judge panel's reversal of the injunction. Meanwhile, according to the Seattle Post-Intelligencer, there is still a temporary restraining order outstanding from a state court barring release of the information about petition signers. [Thanks to Alliance Alert for the lead.]