The case calls into question whether voters have protected free speech and anonymity rights in signing petitions and ballot initiatives or whether states must release signatories' names and addresses as a matter of public record.
With reported cases of bullying, organized boycotts and threats of violence against the signers of traditional marriage initiatives in several states already – and homosexual activists pledging to make lists of signatories public and searchable online – lawyers at the American Center for Law and Justice are concerned that voters may grow fearful of reprisal should they sign a petition seeking to restrict marriage to one man and one woman. That fear, the ACLJ is arguing in a brief filed this week before the Court, is exactly the kind of political and voter intimidation that the Constitution should protect against.
"The right to secret ballot safeguards citizens from the historic evil of voter intimidation," the ACLJ brief argues. "Similarly, the right to anonymity in signing referendum petitions is no less essential in safeguarding signers from reprisal or intimidation."
Those who have dared to sign or vote for traditional marriage in state petitions and referendums have faced backlash. In Maine, homosexual activists targeted churches with IRS complaints, and following California's passage of the controversial Proposition 8, supporters of the measure limiting marriage to one man and one woman were fired from their jobs, subjected to vandalism, bullied by angry mobs and threatened with violence.
Gee sounds like the kind of actions usually reserved for right wing religious groups that lash out against same sex marriage and pro choice activists. What is this world coming too?
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