DC Superior Court upholds Board of Elections and Ethics rejection of anti-marriage initiative

[FreeState]

Good news out of DC for Civil Rights today:)

http://sdgln.com/news/2010/01/14/dc-superior-court-upholds-board-elections-and-ethics-rejection-anti-marriage-equalit

(WASHINGTON D.C.) The D.C. Superior Court today, for the second time, rejected a proposed initiative to roll back legislation passed by the D.C. Council extending marriage in the District to same-sex couples. In June, a D.C. Superior Court judge rejected a similar lawsuit with the same intent – to force a public vote on legislation that, at the time, allowed D.C. to recognize marriages by same-sex couples performed in other jurisdictions.

Today’s ruling upheld the D.C. Board of Elections and Ethics’ ruling rejecting the proposed initiative as an improper subject matter for a public vote. The lawsuit was brought by several national anti-gay activists and backed by thirty-nine Republican members of Congress. The legislation extending marriage rights to same-sex couples in the District is set to become effective at the conclusion of the Congressional review period, likely in early March.

In her decision, Judith N. Macaluso determined that the D.C. Board of Elections and Ethics ruled properly that the proposed initiative would violate the D.C. Human Rights Act. Under D.C. law, no ballot initiative may authorize discrimination under the Human Rights Act, which, among other things, prohibits the government from denying services or benefits based on an individual’s sexual orientation or gender identity. Petitioners had argued that D.C.’s human rights protections dating back to 1979 were invalid; however, Judge Macaluso ruled that the D.C. Council acted within its legal authority when it adopted these vital anti-discrimination provisions.

"The Campaign for All D.C. Families appreciates the court’s affirmation of the decision of the D.C. Board of Elections and Ethics that a vote by the majority on the rights of a minority is not appropriate under D.C. law," said Aisha Mills, President of the Campaign for All DC Families, a diverse coalition of District of Columbia residents working to secure and preserve civil marriage equality.

The Campaign for All D.C. Families, along with D.C. Clergy United and four same-sex couples, participated in the case as amicus curiae in support of the Board of Elections and Ethics and the District.

Said Minister Dennis Wiley, Pastor of Covenant Baptist Church, "As a minister who’s been serving the community for over 40 years, I am pleased that the D.C. Superior Court has upheld the right of the D.C. Council to prohibit discrimination in our community. I think this decision will be a unifying moment that helps bring healing to many families in the District. Gay and lesbian families are an integral part of our community and our church."

"This moment is a sigh of relief for me, my partner, and my family,” said Reggie Stanley, another amicus curiae participant. "My partner and I have long waited for the right to marry here in the District. This is our home. We work here, we raise our children here, and we are pleased that our love and commitment will now be fully recognized in the District that we call home."

The Human Rights Campaign is also applauding the ruling.

“This second, back-to-back ruling by the D.C. Superior Court is an overwhelming victory for fairness, the rule of law and the protection of all D.C. residents against discrimination,” said Human Rights Campaign President Joe Solmonese. “D.C. has the right to govern itself and make its own laws without the interference of thirty-nine Republican members of Congress, more interested in scoring cheap political points than in the everyday lives of D.C. residents. As D.C. law justifiably recognizes, no initiative should be permitted to strip away any individual’s civil rights. It is heartening that two different judges upheld the anti-discrimination protections wisely enacted by the Council more than thirty years ago. ”

The D.C. marriage law is likely to become effective on March 2, 2009.

[nykym]

1. Excellent

News!

[atreides1]

2. Great News

But, I have a bad feeling that it isn't over yet.

[FreeState]

3. I think all thats left is for the 30 day congressional review period to end

Im not sure when it ends but its in the next couple weeks. So unless they can get this summer judgement overturned, or successfully argue it under DOMA, its the end of the road for obstruction of the law going into effect.


It appears congress has until Feb. 11 to stop it from taking place.

http://www.gantdaily.com/news/35/ARTICLE/69478/2010-01-12.html

NATIONAL NEWS:

January 12th, 2010
Congress Considers Outcome of D.C. Gay Marriage Legislation
Tom Ramstack - AHN Correspondent
Washington, DC, United States (AHN) - While the nation focuses on a California trial to decide the constitutionality of gay marriage, Congress is reviewing the issue for the District of Columbia in a debate with implications nationwide.

Washington, D.C., Mayor Adrian M. Fenty (D) on Dec. 18 signed a bill that would allow gay marriages in the District of Columbia.

It is similar to a California law that the state legislature approved in 2008 but that was overturned in a referendum, called Proposition 8, months later. California voters decided by a 52.3 percent majority that they would not allow gay marriages.

Supporters of gay marriage filed a lawsuit saying Proposition 8 violated their constitutional rights. A trial on the constitutionality of Proposition 8 entered its second day Tuesday in a San Francisco federal court.

However, unlike any state, the District of Columbia's authority is overseen by Congress.

Members of Congress can overturn legislation approved by the D.C. council within 30 working days after it is enacted. If they fail to overturn the bill in a vote, it automatically becomes law.

Washington Mayor Fenty's gay marriage bill entered the 30-day waiting period on Monday. Unless Congress approves a resolution to overturn the bill, gay marriages could be allowed in the District of Columbia by early March.

More importantly, the viewpoints of congressmen from all across the nation are reflected in the debate over the D.C. council's legislation. Five states have approved gay marriages but 31 others have voted against it.

What Congress decides regarding gay marriage in the nation's capital could affect the debate nationwide, according to advocates on both sides of the dispute.

"I believe that if the D.C. law stands, there is a de facto statement coming from the Congress that they don't have to adhere to anymore," said Bishop Harry Jackson, chairman of Stand for Marriage DC, a coalition of groups that oppose gay marriage.