HRC Blog

District judge tells anti-LGBT groups: People have a right to know who contributed to Prop 8

January 30, 2009

Come out, come out, wherever you are: A federal judge in California ruled that donors who supported Prop 8 would not be shielded from having their names listed on legally mandated campaign disclosure forms. State law provides that campaign contributors of $100 or more be identified in disclosure forms that can be viewed by the public. Legal counsel for the pro-Prop 8 groups argued yesterday that the names of Prop 8 contributors should not be revealed because some supporters have been retaliated against through boycotts, picket lines, and other forms of "harassment". However, U.S. District Judge Morrison England wasn't buying it:

"If there ever needs to be sunshine on a particular issue, it's a ballot measure," U.S. District Judge Morrison England [pictured] said after a one-hour hearing in his Sacramento courtroom. ...If the Prop. 8 campaign was exempted from disclosure because of reports of harassments of individual donors, said Deputy Attorney General Zackery Morazzini, the same case could be made for any controversial initiative. Courts would have to "keep the entire California electorate in the dark as to who was funding these ballot measures," he said. England agreed. He noted that some of the reprisals reported by the Prop. 8 committee involve legal activities such as boycotts and picketing. Other alleged actions, such as death threats, mailings of white powder and vandalism, may constitute "repugnant and despicable acts" but can be reported to law enforcement, the judge said. ....Any desire by donors to remain anonymous is outweighed by the state's authority to require "full and fair disclosure of everyone who's involved in these political campaigns," England said.

It's amazing that groups who fought to take away the rights of a targeted group now want to play the victim. We're glad the Judge England saw through their ruse and promptly visited a legal smackdown upon their heads. The Prop 8 folks will probably appeal the decision. So, this isn't over.