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Friday September 3rd 2010
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Supreme Court Rules Petition Signers’ Names to Remain Private

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BOSTON (YBH.ME) – At Boston-based www.knowthyneighbor.org, the issue is simple. Following the same logic as “outers” of sexual orientation, the website’s founders,  Aaron Toleos and Tom Lang,  have been publishing the names of those who signed petitions repealing same sex marriage laws. Petition signers in Massachusetts, Arkansas, Oregon and Florida have all had their names posted online.

Tom Lang: public shame on those against gay marriage.

Know They Neigbhor, Director, Tom Lang: public shame on those against gay marriage.

In June, the group announced their plans to publish signers’ names from Washington state. Lawyers for Protect Marriage Washington filed a motion to stop the group. A lower court blocked the release of the names, but on October 15th the ban was lifted by the 9th Circuit Court of Appeals. 

On October 20, the U.S. Supreme Court, with one dissenter, accepted Protect Marriage Washington’s claim that the 1st amendment’s freedom of speech provision protects the right to confidentially petition the government. Justice John Paul Stevens was the sole dissenter in the ruling.

Conservative activist lawyer James Bopp, lead counsel for Protect Washington Marriage, has stated the online name publishing is “part of a nationwide effort to harass and intimidate supporters of traditional marriage.”

In last week’s action,  the Supreme Court reversed the 9th Circuit’s position and ordered the protective order to remain in effect indefinitely, an indication the justices believe those objecting to the release of names will probably prevail.

Publicly disclosed donors to the campaign to defeat the gay marriage ballot in California, Proposition 8, made it into headlines as business owners were boycotted, picketed and harassed.  Some donors contributed only $100 to pro-Prop 8 groups, yet found themselves subjected to shaming tactics.

Legal scholars note that the Supreme Court’s action is consistent with its protection of the anonymity of civil rights and socialist group members, for example, who faced harassment and intimidation if their membership in a controversial group were known.

The KnowThyNeighbor website stands by their efforts to broaden their plans, stating:

“Gay citizens from all across Massachusetts were inspired to speak out in defense of their equal rights. Finding the names of friends, neighbors, family, co-workers, etc… helped trigger many into a state of activism. Uncomfortable but desperately needed conversations continue to take place every day as a result.”

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