Archive for May, 2010

News Coverage: Magistrate Judge says NOM Should Turn Over Donors’ Names

Monday, May 31st, 2010

From The Maine Public Broadcasting Network:

Magistrate Judge says NOM Should
Turn Over Donors’ Names

A federal magistrate judge has ordered the national group that provided most of the funding to repeal Maine’s same-sex marriage law to turn over information about its donors. The magistrate rejected claims by the National Organization for Marriage that the donor names aren’t relevant to the issue before the court, and that releasing them would have a chilling effect on the group’s future fundraising efforts.

(Listen to the audio at the link)

The National Organization for Marriage, or NOM, contributed $1.9 million dollars to last year’s successful campaign to overturn Maine’s gay marriage law. But NOM has refused to comply with demands from state elections’ officials to hand over the names of donors, as required by Maine law.

While challening the Ethics Commission’s case, NOM has issued its own challenge in federal court, claiming Maine’s elections law is uncontitutional. In a preliminary ruling on evidence in that case filed on Sunday, federal Magistrate John H. Rich III ordered NOM to provide the Maine Attorney General’s office with donor information dating back to January 1st of last year.

“And we’re pleased with the federal magistrate’s preliminary decision that as a part of this litigation, NOM must share information about their donors with the Office of the Attorney General,” says AG spokeswoman Kate Simmons.

Simmons says the magistrate rejected NOM’s claim that releasing the names would have a chilling effect upon future fundraising efforts, in large part because of the court’s requirement that the information be kept confidential. “The information about their donors would only be disclosed to this office, and would not be a public document nor able to be shared with the public at large.”

NOM has claimed that the donor information might be used by the Ethics Commission in its case against the group. Simmons says it’s true that the information could be viewed by the Commission, but the magistrate has ruled that it may not be used against NOM in other legal challenges.

That issue, and others are now under appeal in federal court. While the appeals continue to fly, critics of NOM see the latest ruling as a victory.

“This decision is in keeping with every other decision that we’ve seen, in that they are just crying wolf,” says Fred Karger, founder of the group Californians Against Hate, which has been actively challenging NOM’s refusal to disclose the names of its donors. Karger alleges that they are, largely, members of the Mormon Church.

Karger says he applauds the ruling in Maine as another step in forcing NOM to open its books. “The National Organization for Marriage has spent the last three years trying to avoid that; they’ve conducted their business in secrecy,” Karger says. “They’re under investigation now in two states, and possibly a third, for this very action, and so I just commend the judge magistrate for trying to get to the bottom of their financing, which is one of the great mysteries of the world.”

Ethics Commission Executive Director Jonathan Wayne declined comment on the magistrate’s ruling. A spokesman for NOM could not be reached for comment by airtime.