Oregon Public Broadcasting

Next week, the U-S Supreme Court will hear a Washington case with implications across the country. The high court will consider whether citizen petitions are public or private. The case stems from the fight over petitions for Washington Referendum 71. That was the effort last year to repeal part of Washington's gay domestic partnership law. Gay rights activists requested copies of the petitions so they could post information about the signers on the web. Republican Attorney General Rob McKenna will argue that petitions are a public record: "When a citizen signs an initiative petition or signs a referendum petition, when a voter votes on a measure that's on the ballot as a result of the initiative or referendum process that voter is essentially substituting herself or himself for the legislature. They are acting in a legislative capacity."

Republican Attorney General Rob McKenna

R-71 backers and their attorneys counter that signing a petition is anonymous political speech and deserves the same protection as the secret ballot. They add that if petitions were made public, signers could be subjected to harassment for their beliefs. McKenna says this is a case of "first impression." That means the Supreme Court has never before directly considered the question.