The US Supreme Court has set an April 28 hearing date for our request for the R-71 names to be permanently sealed. As you will recall, this action was taken after growing threats were made against those who supported the rejection of SB 5688---the "Everything But Marriage" bill.
A decision is expected by early summer.
The Court will be focused on the following two questions:
09-559 DOE #1 V. REED
DECISION BELOW:586 F.3d 671
EXPEDITED BRIEFING SCHEDULE.
CERT. GRANTED 1/15/2010
The district court granted a preliminary injunction protecting against public disclosure, as opposed to private disclosure to the government only, of those signing a petition to put a referendum on the ballot ("petition signers"). The Ninth Circuit reversed, concluding that the district court based its decision on an incorrect conclusion of law when it determined that public disclosure of petition signers is subject to, and failed, strict scrutiny. The questions presented are:
1. Whether the First Amendment right to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information about petition signers.
2. Whether compelled public disclosure of identifying information about petition signers is narrowly tailored to a compelling interest, and whether Petitioners met all the elements required for a preliminary injunction. LOWER COURT CASE NUMBER: 09-35818, 09-35826, 09-35863
Those of us who led the R-71 effort have done everything humanly possible to protect those who signed the R-71 petitions and their right to participate in the political process without fear of retribution from homosexual activists.
Thank you for your continuing support. Taking a public stand on such issues often comes with a great price. Your prayers and support have allowed Faith and Freedom to continue to stand in the gap. Your comments of personal support and encouragement have meant more than I could possibly say.
God bless you.
Faith & Freedom
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