gayboomers and the middle aged queer » DC court rejects anti-gay marriage initiative. Again.

DC court rejects anti-gay marriage initiative. Again.

Filed Under Gay Marriage, Hot topics, National News, Politics, Religion | 1 Comment

By Jennifer Vanasco, editor in chief, 365gay.com

The DC Superior Court upheld the decision of the DC Board of Elections and Ethics to reject a proposed ballot initiative that would have prohibited gay marriage in the District.
The ruling can be viewed at 　http://www.dccourts.gov/dccourts/docs/2009CA008613B.pdf
In June, a D.C. Superior Court judge rejected a similar lawsuit 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.
From HRC:
The lawsuit was brought by several national anti-gay activists and backed by 39 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, Judge 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.

“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.

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