Tom Prichard of the Minnesota Family Council. Image: The UpTake
Tom Prichard of the Minnesota Family Council. Image: The UpTake

Backers of gay marriage ban seek to prevent disclosure about campaign spending, donors

By Andy Birkey
Tuesday, June 14, 2011 at 12:34 pm

The groups behind a ballot measure that would put a ban on same-sex marriage in the Minnesota Constitution urged the Minnesota Campaign Finance and Public Disclosure Board on Tuesday to retain a rule that would allow corporations to make unlimited contributions in support of the ballot measure. The Minnesota Family Council (MFC) testified that it shouldn’t have to disclose any of its donors in the campaign to pass the amendment, while Minnesota for Marriage, of which MFC and the National Organization for Marriage are a part, brought in attorneys from the Citizens United Supreme Court case to argue that political spending by corporations on the amendment push should be shielded from disclosure laws.

The campaign finance board met to evaluate a 1998 advisory opinion on ballot measures that said corporations did not have to disclose spending on ballot campaigns. With the advent of new state statutes passed in the last few years, however, that opinion may need to be changed.

One member of the board questioned the status of corporations versus associations using the example of law firms. One law firm might be set up as a partnership and would have to disclose contributions, but another law firm that is set up as a corporation, even if it had the same number of employees and donated the same amount of money, would not have to disclose its contributions.

The Minnesota Family Council and Minnesota for Marriage argued that the opinion should stand. To argue their case, the groups brought in a lawyer from Indiana law firm Bopp, Coleson, & Bostrom. The firm was part of the Citizens United case, has done work for national anti–abortion rights groups as well as Focus on the Family, and its representative on Tuesday, Josiah Neeley, is a former clerk for Roger Vinson, District Judge for the Northern District of Florida, the judge who ruled the Affordable Care Act unconstitutional.

Neeley argued that because corporations are considered legal persons, they are exempt from disclosing donations to a ballot campaign, unlike associations, which do have to disclose.

“Corporations are separate legal entities, they are legal persons,” argued Neeley. “A corporation does not fall into the definition of association.”

Tom Prichard, president of the Minnesota Family Council, argued that there should be no disclosure at all because donors to his campaign might be physically attacked by people who oppose the anti–gay rights amendment.

“To require groups, non profits like the Minnesota Family Council, to disclose their donors and make their donors names public would have a significant chilling effect on free speech. Even in Minnesota already it’s gotten heated in some respects,” he said. “The concern is harassment, property damage, a chilling effect. If I know I have to disclose my name, I’m not going to get involved with the Minnesota Family Council.”

Prichard said he had knowledge of violence against donors to the Prop 8 campaign in California.

“They went after their employment, by challenging their employers. There was vandalism on certain organizations. I can think of one individual that his business suffered because he had to disclose.”

“I don’t think our organization should have to disclose our donors, period. We just don’t believe we should be forced to.”

But the majority of the testifiers supported the board in changing its opinion on corporate disclosure.

Mike Dean of Common Cause Minnesota said, “Minnesota has a long history of supporting disclosure.”

He said it helps the board gather and detect violations and cited a complaint his group filed against the National Organization for Marriage and the Minnesota Family Council over ads the groups ran in 2010 that they did not report.

“Having this knowledge allows the public to make informed decisions,” he said. “The public has a right to know who is making this political speech. Without the knowledge about who is making political speech, the public can’t evaluate the information or misinformation.”

Matt Butler of the Minnesota Public Interest Research Group testified that his group supports full disclosure of corporate ballot measure expenditures.

Sen. John Marty, DFL-Roseville, said, “Public disclosure is essential in a democracy,” and testified about some of the legislative initiatives that support disclosure for corporations.

The board adjourned without voting on the opinion and will take it up at its June 30th meeting.

The board has released a research document explaining the confusion over the opinion and the possible changes that the board may make:

memo1_6_14_11

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Comments

37 Comments

Carl
Comment posted June 14, 2011 @ 12:58 pm

I want to know who is trying to impose their beliefs/biases on the entire state. Names, addresses and amounts please. The citizens have a right to know.

Praise Jebus, God hates transparency, Amen.


Dog is my shepherd
Comment posted June 14, 2011 @ 1:02 pm

My question is, if the amendment is so benign, why are these donors afraid of being associated with it? Don’t the shareholders of these corporations (i.e., their owners), have a right to know what causes their money is being spent on? As they say, sunshine is the best disinfectant.


HG
Comment posted June 14, 2011 @ 1:33 pm

Full disclosure is a good idea.


confused
Comment posted June 14, 2011 @ 1:47 pm

Prichard says he shouldn’t be FORCED to disclose anything. Well how about other human beings being FORCED to not marry.
The only hate crime that will occur is toward the LGBT community.


Charles
Comment posted June 14, 2011 @ 2:17 pm

You raise millions of dollars to dictate the boundaries of my private life, you now demand that the law let you do so anoymously? Full Immunity for Bullies law.


TB
Comment posted June 14, 2011 @ 2:50 pm

If donors are ashamed to be associated with this legislation, they should re-evaluate their donation. If they are proud of their beliefs and their affiliations, they should not have a problem with their name being recorded.


Jeff Wilfahrt
Comment posted June 14, 2011 @ 2:54 pm

“Honesty is the best policy.” Ben Franklin

Jeff Wilfahrt, Rosemount, MN


Bose
Comment posted June 14, 2011 @ 3:15 pm

Fascinating comment by Mr. Prichard:

“If I know I have to disclose my name, I’m not going to get involved with the Minnesota Family Council.”

I suspect he’s correct, not because people fear violence, but because MFC is an extremist group.

It’s also fascinating that MFC apparently doesn’t want donors who will stand up publicly for what they believe.


Disgusted American
Comment posted June 14, 2011 @ 3:25 pm

In the words of Gomer Pyle – “Surprize, Surprize…Surprize” !!!! ..of course they want to Block thier Donors list……….. hmm, I wonder why…??????


Disgusted American
Comment posted June 14, 2011 @ 3:28 pm

In the words of Gomer Pyle – “Surprize, Surprize…Surprize” !!!! ..of course they want to Block thier Donors list……….. hmm, I wonder why…??????

..People NOM did this in MAINE…..and if I remember as of now – their Donor list from Maine is STILL Blocked ie: in Litigation …2yrs later after they STOLE Marriage Equality………whats that tell u????


Keith
Comment posted June 14, 2011 @ 3:31 pm

I’m from California, and this argument that Prop 8 supporters were harrassed, had property damage, were threatened, and basically that it had a chilling effect on their right to free speech is such a complete and total lie, that it drives me to distraction. There is not one filed police report in the entire state of California to back up their claim, and out here all donors from both sides had to disclose donations. People have a right to know who is funding these campaigns, and for how much. It’s part of the democratic process, and if you’re not willing to put your money where your mouth is, then you don’t have to and can just vote according to your conscience. ..privately. They tried to do this in Maine and Washington as well, and lost every single court battle in both states. Fight them all the way to the State Supreme Court if necessary, but make them disclose their donors. Otherwise, the reality is that democracy will be dead, and religious institutions who want to maintain their tax-exempt status will flood all campaigns with money to turn this nation in to nothing but a corporate theocracy.


Eric
Comment posted June 14, 2011 @ 8:37 pm

Prichard: where’s your evidence?

Even if there were isolated instances, it would be utterly understandable given the legal violence being done to GLBT people by Prop 8. In Prichard’s inhumanity and mindlessness he possibly doesn’t even realize the connection between his bigotry and its implicit validation of violence, harassment, bullying and discrimination against GLBT people.


Eli
Comment posted June 14, 2011 @ 11:49 pm

Why fight it so hard if you got nothing to hide?


evolutionisfact
Comment posted June 15, 2011 @ 7:52 am

Why in the name of FU*K is there an ad for Michelle Bachmann on this site?!?


HG
Comment posted June 15, 2011 @ 8:03 am

Eli,

Money talks.


HG
Comment posted June 15, 2011 @ 8:06 am

I meant to address evolution in that last comment. My apologies.


Gay Marriage Watch » Blog Archive » MN: Gay Marriage Ban Backers Want to Hide Donors, Spending
Pingback posted June 15, 2011 @ 8:51 am

[...] Full Story from the MN Independent [...]


Amuseinc
Comment posted June 15, 2011 @ 8:52 am

The worst idea of the 21st Century so far is that corporations have “personhood.” They can’t be jailed nor executed, yet they can commit crimes, bribe and influence our lives negatively.


Duane
Comment posted June 15, 2011 @ 9:54 am

This man lives a block from me in a neighborhood with quite a few GLBTQ folks and straight allies. That is why he wants to hide.


Carl
Comment posted June 15, 2011 @ 10:33 am

Duane, Do you mean Tom Prichard?


TSG
Comment posted June 15, 2011 @ 10:52 am

I really doubt many business corporations are going to donate money to either side from the corporate checking account on this issue. The issue is to divisive and they wouldn’t gain anything if it passes. They have plenty of other constitutional amendments to contribute toward that have an actual tangible benefits to their bottom line. The corporations they don’t want to expose are the anti-gay religious and hate group corporations that only want to keep gays in the closet or worse.


nathaniel
Comment posted June 15, 2011 @ 11:17 am

Prichard wants to hide the fact that this ballot initiative is purely and simply a means for getting Republican voters to the polls. The money will be coming from the usual Republican sources. He’d like to keep that secret.

This notion that people and organizations that give money to promote the Marriage Discriminiation Act should be protected from harrassment by gay people is laughable. Gay people have been bullied and harrassed from time immemorial with no protection whatsoever until recent years. Maybe if Prichard and his ilk got a taste of what that’s like they’d have a little more compassion. But probably not. This is politics to them. Gay people are irrelevant, except as scapegoats to be used in getting more power for Republicans’ corporate masters.


Wendy Leigh
Comment posted June 15, 2011 @ 1:41 pm

This is the same feeble scare-tactic they used in California and elsewhere. Unfortunately for them, the facts don’t support this laundry list of accusations. But thats all they’ve got. That and that oogy-creepy future-predicting wiejie board they use.

Hoods OFF in Minnesota Prichard..


Jeff Wilfahrt
Comment posted June 15, 2011 @ 6:31 pm

@Wendy Leigh

Wendy, I love that one liner;

“Hoods OFF in Minnesota Prichard.”

Excellent, just excellent. I’ve always loved a well turned phrase.

Jeff Wilfahrt, Rosemount, MN
(or shouldn’t I be disclosing that? what would Prichard do?)


Zera Lee
Comment posted June 15, 2011 @ 6:42 pm

We, the citizens of Minnesota, have an absolute right to know who is paying big bucks to manipulate our state constitution.

In the name of state sovereignty, we should have an absolute ban on out-of-state money or campaigning. Conservatives would thoroughly hate the idea of exercising our sovereignty if it worked against them.


Zera Lee
Comment posted June 15, 2011 @ 6:58 pm

Only state citizens should have the right to campaign for or against state constitutional amendments.

This pointedly excludes businesses and religious institutions. It does include individual state citizens and groups of state citizens, and PACs funded entirely by state citizens.

If you believe in state sovereignty and government by the people.


evolutionisfact
Comment posted June 16, 2011 @ 1:42 pm

Don’t know for a fact but you can bet your bottom buck that the pedophile/polygamy alliance(catholic/mormon churches) will be mailing out a sh*tload of $$$ for this BS!!


SMcB
Comment posted June 16, 2011 @ 3:47 pm

They are just scared that their children, and grandchildren and family in general will be disgusted!! Those who give this $, especially in large amounts, know exactly where the monies are going and are too ashamed to “come out of the closet” for being the real immoral humans that they are!!


SMcB
Comment posted June 16, 2011 @ 3:51 pm

@evolutionisfact… they will be the biggest contributors.. along with many republicans who are “one man one women” believers.. its gonna get ugly!


Lane
Comment posted June 16, 2011 @ 5:23 pm

Has anyone come across recent MFC and MfM financial and donors data?

I emailed some state legislators expressing my concern that existing MN disclosure laws may not be strong enough, that the penalties may not be severe enough should these organizations – especially NOM – intend to flout those laws. This needs to be watched very closely with all due media exposure at the first whiff of impropriety.


Disgusted American
Comment posted June 17, 2011 @ 7:57 am

Parody of NOM’s HATE Message against Marriage Equality……..THINK people, THINK!!!!

http://www.youtube.com/watch?v=bIefEZhW8T0&feature=related


Disgusted American
Comment posted June 17, 2011 @ 7:59 am

Message FOR Marriage Equality!

http://www.youtube.com/watch?v=6IykVCU0_xs&NR=1


Zera Lee
Comment posted June 18, 2011 @ 6:17 pm

“Corporations are separate legal entities, they are legal persons,” argued Neeley. “A corporation does not fall into the definition of association.”

It does not fall into the definition of a citizen, either. As such, corporations, AKA “artificial persons”, have no moral right to influence the text of the state constitution, or any other law.

Neeley’s assertion, within the context of politics, corrupts the definition of democracy and threatens our representational form of government. In short, it is anti-America.


Battle beginning over campaign finance and the marriage amendment | Debt Guide and Finance Information Post
Pingback posted October 19, 2011 @ 5:11 pm

[...] At a public hearing by the campaign finance board involving rules regarding ballot initiatives, representatives of NOM and the Minnesota Family Council argued against any disclosures. [...]


Prop 8 Trial Tracker » 9th Circuit says Referendum 71 petitions must be released while case is appealed
Pingback posted November 18, 2011 @ 11:00 am

[...] was affiliated with Protect Marriage Washington) is already playing a similar disclosure game in Minnesota.  Nevertheless, case after case has shown that this is a fight NOM is not going to [...]


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