Oregon Public Broadcasting

The U.S. Supreme Court heard oral arguments Wednesday on whether voter petitions are public or private. The case stems from a battle in Washington over petitions for Referendum 71. It sought to roll back a gay domestic partnership law.

The case was brought on behalf of voters who signed Referendum 71 petitions last year.

At issue is whether people who sign petitions give up their right to privacy.

Washington Attorney General Rob McKenna told the high court the public's right to scrutinize petitions for fraud or errors trumps the privacy of petition signers.

In a conference call with reporters after oral arguments, McKenna predicted a split decision that cuts in his favor.

Rob McKenna: “They're not going to bar the disclosure of all petitions for all referenda and initiatives. And they're going to point – or at least some of the justices will probably point out – that petition sponsors in a particular instance can come in and ask for protection of their petitions because of their special circumstances.”

Conservative attorney James Bopp countered that the first amendment protects petitioners from having their personal information released.

He said the concern is people could be harassed for their beliefs on issues like gay partnerships.