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DOE v. REED

Nos. 09-35818, 09-35826, 09-35863.

586 F.3d 671 (2009)

John DOE # 1, an individual; John Doe #2, an individual; Protect Marriage Washington, Plaintiffs-Appellees, v. Sam REED, in his official capacity as Secretary of State of Washington; Brenda Galarza, in her official capacity as Public records Officer for the Secretary of State of Washington, Defendants-Appellants. John Doe # 1, an individual; John Doe # 2, an individual; Protect Marriage Washington, Plaintiffs-Appellees, v. Sam Reed, in his official capacity as Secretary of State of Washington; Brenda Galarza, in her official capacity as Public records Officer for the Secretary of State of Washington, Defendants, and Washington Coalition for Open Government, Defendant-intervenor-Appellant. John Doe # 1, an individual; John Doe # 2, an individual; Protect Marriage Washington, Plaintiffs-Appellees, v. Washington Families Standing Together, Intervenor-Appellant, Sam Reed, in his official capacity as Secretary of State of Washington; Brenda Galarza, in her official capacity as Public records Officer for the Secretary of State of Washington, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2009.

Attorney(s) appearing for the Case

James Bopp, Jr., Sarah E. Troupis, Scott F. Bieniek, Bopp, Coleson & Bostrom, Terre Haute, IN, for plaintiffs-appellees.

William B. Collins, Deputy Solicitor General, Robert M. McKenna, Attorney General of Washington, Olympia, WA, for defendants-appellants.

Leslie R. Weatherhead (argued), Suane M. Swinton and Steven J. Dixson, Witherspoon, Kelley, Davenport & Toole, PS, Spokane, WA, for intervenor-appellant Washington Coalition for Open Government.

Kevin J. Hamilton, Nicholas P. Gellert, Amanda J. Beane, Perkins Coie LLP, Seattle, WA, for intervenor-appellant Washington Families Standing Together.

Before: HARRY PREGERSON, A. WALLACE TASHIMA, and N. RANDY SMITH, Circuit Judges.

TASHIMA, Circuit Judge:

Washington's Secretary of State and Public Records Officer (together, the "State") and Intervenors, Washington Coalition for Open Government ("WCOG") and Washington Families Standing Together ("WFST"), appeal a decision of the district court granting Plaintiffs, Protect Marriage Washington ("PMW") and two individual signers of the Referendum 71 petition, a preliminary injunction prohibiting the State from making referendum petitions available...

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