Washington, D.C. Superior Court rejects gay marriage referendum
Jan 14th, 2010 | By Julie Fite, Contributor | Category: National NewsA Superior Court judge in the District of Columbia ruled Thursday that same-sex marriage opponents do not have a right to hold a public referendum on whether those marriages should be legal in the District.
The ruling is a major victory for gay rights activists, making it more than likely that the District will start allowing same-sex couples to marry in March.
The D.C. Board of Elections and Ethics has twice ruled that a referendum or initiative on same-sex marriage would violate a city law prohibiting a public vote on a matter covered by the Human Rights Act, which outlaws discrimination against gay men and lesbians and other minority groups.
The rulings have outraged the National Organization for Marriage and Liberty Counsel.
In her ruling, Judge Judith N. Macaluso stated the board “properly rejected the proposed initiative” because of the Human Rights Act. The judge also rejected arguments that same-sex marriage should be illegal in the District because of the 1995 Dean v. District of Columbia decision.
In that case, the Court of Appeals ruled that the city did not have to recognize same-sex marriage because the intent of the government opposing such marriages was clear. Now, Macaluso concludes, the intent of the government in favor of allowing two men or two women to marry is clear.
Unlike U.S. states which are sovereign, the U.S. Congress has ultimate authority over the District. The District did not have an elected city government until the passage of the 1973 Home Rule Act. The Act devolved certain Congressional powers over the District to a local government administered by an elected mayor, currently Adrian Fenty, and the thirteen-member Council of the District of Columbia. However, Congress retains the right to review and overturn laws created by the city council and intervene in local affairs.
Congress has begun the required 30-legislative-day review of the same-sex marriage bill signed into law last month by Mayor Adrian M. Fenty.
City leaders say that, barring intervention from Congress, marriage licenses will be available to same-sex couples around the first week of March.
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United We Stand (old version)
Hell yes, it’s about time somebody stands their ground. With the nations capital supporting, we’re that much closer to equality! :)
[...] Today, the Archdiocese of Washington, D.C. which has been battling the District of Columbia government about same-sex marriage since last year when The District proposed same-sex marriage legislation, announced it will stop health benefits for new members and same-sex couples. (previous story) [...]
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[...] Washington, D.C. legalized gay marriage earlier this year after a District Superior Court rejected a citizens anti-gay marriage referendum. [...]