September 2nd, 2009
In Washington, Judge Julie Spector has decided not to block Referendum 71 from being being certified. But her decision may be procedural rather than based on content. (Seattle PI)
Spector said challenges to a referendum must be filed in Thurston County Superior Court after certification – and supporters of the “everything but marriage” law still had that option for trying to get R-71 off the ballot. The group that brought the original lawsuit – Washington Families Standing Together – said it would go to court in Thurston County to try to block R-71.
As to whether the signatures were invalid, the judge found that question ambiguous.
In her ruling Spector said Reed has the power under state law to reject petitions with falsely signed declarations, petitions with blank declarations and signatures from people who weren’t yet registered to vote.
“It is conceded that the number of signatures represented by these inadequate petitions is significant. Without them, the secretary of state could not certify Referendum 71 for the ballot,” Spector wrote.
However she also said that state law does not require the secretary of state to not accept petitions that don’t meet statutory requirements. “In summary, under Washington case law it is unclear whether there are any limits to the secretary of state’s discretion as long as he has chosen to accept petitions rather than reject them.”
In other words, it was up to the Secretary of State whether he wanted to allow Referendum 71 to go to ballot. We will see if Superior Court agrees.
But judge also noted that there was language in the petition that may invalidate the entire process.
The judge also said there were highlights on top of the petitions that contain “apparent falsehoods,” such as the statement that if same-sex marriage becomes law public schools would be forced to teach that homosexuality is “normal…even over the objections of parents.”
Spector said the required signature-gatherers declaration swears that people who signed the petition did so “knowingly.”
“It is unclear whether a signature-gatherer can swear than an individual signer has signed the petition ‘knowingly’ when the signature-gatherer has allegedly misrepresented the contents of the petition,” Spector wrote.
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Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
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