The 8-to-1 decision, with Justice John Paul Stevens dissenting, upheld a recent ruling in Federal District Court in Washington that was overturned last week by the United States Court of Appeals for the Ninth Circuit.
The order by the Supreme Court said the injunction against releasing the names would remain in place at least until parties involved filed new motions. That process could take months and essentially assures that the names will remain anonymous through the Nov. 3 referendum.
The question over whether to release the names has become a prominent subplot to the debate over the Washington ballot issue, Referendum 71. The measure gives voters the chance to approve or reject a law passed by the Legislature last spring that expanded the rights of same-sex couples without approving same-sex marriage. Under Washington law, voters can decide whether to approve legislative decisions through referendums if enough petition signatures are gathered.
Opponents of expanded rights for same-sex couples, led by the group Protect Marriage Washington, gathered just enough signatures this summer to force a vote on the matter. Keeping the petition names anonymous, said James Bopp, a lawyer for the group, protects free speech.
“It has to do with the right of citizens to be able to engage in political speech without the government requiring the public identification of people who engage in political speech,” Mr. Bopp said.
He said his group feared harassment from groups that support expanded rights for same-sex couples. Some of those groups sought the names under state public records laws, in some cases with the goal of posting them on the Internet.
“There is no exemption in the Public Records Act for disclosure of
petition signatures,” said Janelle Guthrie, a spokeswoman for the state
attorney general, Rob McKenna.