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Supreme Court considers release of names on same-sex marriage petition

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court heard oral arguments Wednesday in Doe #1 v. Reed on whether the First Amendment allows a state to compel the release of identity information about petition signers. The case arose over an order to publish the names of those who signed a Washington state petition to overturn a state law giving same-sex partners the same rights as married partners. The US Court of Appeals for the Ninth Circuit ruled that the names should be released, but the Supreme Court issued a temporary stay in October. Counsel for the petitioners argued that, "o person should suffer harassment for participating in our political system, and the First Amendment protects citizens from intimidation resulting from compelled disclosure of their identity and beliefs and their private associations." Counsel for the state of Washington argued that the names can be made public. The court appeared skeptical of petitioners' arguments, with Justice Antonin Scalia saying "emocracy requires a certain amount of civic courage."

Full post as published by JURIST - The Paper Chase on April 28, 2010 (boomark / email).