Don’t Ask, Don’t Tell - The Public’s Right to know the Identities of Prop. 8 Donors

By Sarabeth Smith
Photo Credit: (c) Associated Press
Photo by Rich Pedroncelli

According to the Associated Press, federal judge has denied requests to keep the names of donors to California’s anti-gay marriage initiative from publication. Pursuant to this decision, on February 2, nearly 14,000 donor's names were released to the public.

Proposition 8 overturned a 2008 state Supreme Court ruling which legalized gay marriage in the state of California. Proposition 8 was approved by voters in November of 2008 by 52%, effectively making gay marriage illegal in the state.

Under California’s 1974 Political Reform Act, the state can publishes the name and other identifying information of anyone who donates more than $100 to a campaign.

Supporters of the campaign filed a request for a preliminary injunction to block the then unpublished disclosure of late-stage donor names. The plaintiff’s also requested that already published names of donors be removed from the secretary of state’s website.

The plaintiffs claimed that public disclosure of the identities of donors would put those individuals at risk of harassment. Frank Schubert, a campaign manager for Project Marriage told the New York Times “Some gay activists have organized Web sites to actively encourage people to go after supporters of Proposition 8."

Despite these pleas, U.S. District Court Judge Morrison England Jr. ruled in favor of the state and denied the requests. The judge stated that the disclosure laws were meant to protect the public.

• Consider the Supreme Court case of Brown v. Socialist Workers Comm., 458 U.S. 87 (1982), where the court held that the mandatory discourse of names and addresses violated the First Amendment rights of the Ohio Socialist Workers Party. Is this inconsistent with the Prop. 8 decision?

• How can one establish that there will be a “reasonable probability” that compelled disclosure would result in “threats, harassment, or reprisals from either Government officials or private parties”?